S18 535 3 M26

User Manual: S18 535 3

Open the PDF directly: View PDF PDF.
Page Count: 564 [warning: Documents this large are best viewed by clicking the View PDF Link!]

© Published by Alberta Queen’s Printer
E-mail: qp@gov.ab.ca
Shop on-line at www.qp.alberta.ca
Alberta Queen’s Printer
Suite 700, Park Plaza
10611 - 98 Avenue
Edmonton, AB T5K 2P7
Phone: 780-427-4952
Fax: 780-452-0668
Province of Alberta
Office Consolidation
Revised Statutes of Alberta 2000
Chapter M-26
Current as of January 1, 2018
MUNICIPAL GOVERNMENT ACT
Copyright and Permission Statement
Alberta Queen's Printer holds copyright on behalf of the Government of Alberta
in right of Her Majesty the Queen for all Government of Alberta legislation.
Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and
regulations without seeking permission and without charge, provided due
diligence is exercised to ensure the accuracy of the materials produced, and
Crown copyright is acknowledged in the following format:
© Alberta Queen's Printer, 20__.*
*The year of first publication of the legal materials is to be completed.
Note
All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.
Amendments Not in Force
This consolidation incorporates only those amendments in force on the
consolidation date shown on the cover. It does not include the following
amendments:
2015 c8 s61 (2017 c13 s3 - effective June 7, 2017) adds ss627.1 to 627.3.
2016 c24 s6 amends s3, s15 amends s153, s18 repeals and substitutes s232(2),
s19.1 amends s243(1), s70 amends s485, s71 amends s486, s72 amends s487, s73
adds s487.2, s76(a)(ii) amends s491, s78(a) amends s493, s79(a) amends s494(1),
s84(a), (b), (c) and (e) amends s527.1, s87 amends s574(1), s97 amends s631,
s98(a) and (b) (2017 c13 s2 - effective June 7, 2017) amends s632, s131(a)(i)
amends s694, s134 (2017 c13 s2 - effective June 7, 2017) adds Part 17.2,
ss708.26 to 708.52.
2017 c13 s1(60)(b), (c) and (d) amends s648.
2012 cE-0.3 s279 (2015 c8 s80 - effective March 1, 2016) amends s1(1)(m)(iv),
repeals and substitutes s55(1)(b), amends ss250(2)(b), 284(1), 303(g), 326(1)(a),
362(1), 369(2.1), 392(4), 596(1)(b), 616(bb).
2014 c10 s59 amends s423(1)(c).
2016 c24 s7 repeals and substitutes s14(1)(d), s8 repeals heading preceding s47.1
and s47.1, s12 repeals s73, s13 adds Division 9 heading and ss75.1 to 75.5, s19
amends s241(d), s20 amends s250, s89 amends s602.09, s91(d) amends s616,
s100(b) amends s640(4), s106 amends s650(1), s110 amends s655(1)(b), s123(a)
amends s680, s129 amends s687(3), s131(a)(iii) amends s694.
2017 c13 s1(4) repeals Division 5 of Part 3, s1(39) repeals and substitutes
Division 4 of Part 10 ss380.1 to 380.5, s1(40) amends ss410(e), s1(41) amends
s437(c), s1(55) amends ss616, s1(61) amends s666, s1(62) amends s667, s1(63)
amends s670(1), s1(64) adds ss670.1 and 670.2.
2017 c21 s28 amends ss365(1), 640, 642, 687(3).
Regulations
The following is a list of the regulations made under the Municipal Government
Act that are filed as Alberta Regulations under the Regulations Act.
Alta. Reg. Amendments
Municipal Government Act
Aeronautics Act Agreements (City of
Medicine Hat and Cypress County) ......... 33/2014 ........... 10/2016
Airport Vicinity Protection Areas
Calgary International ................................ 177/2009 ......... 192/2010, 71/2014,
186/2017
Edmonton International ............................ 55/2006 ........... 86/2016, 185/2017
Alberta Central East Water Corporation ........ 137/2013 ......... 45/2014
Alberta Social Housing Corporation
Exemption ................................................ 258/2017
APEX Plus Investment
see MuniSERP Investment
Aquatera Utilities Inc. .................................... 205/2013 ......... 45/2014
Aqueduct Utilities Corporation ...................... 92/2012 ........... 45/2014
Business Improvement Area .......................... 93/2016
Calgary Metropolitan Region Board .............. 190/2017
Canmore Undermining Exemption
from Liability ........................................... 113/97 ............. 221/2004
Canmore Undermining Review ...................... 114/97 ............. 132/97, 206/2001,
221/2004, 176/2006,
54/2011, 170/2012
Capital Region Board Financial
Matters Modification ................................ 223/2014
Central Waste Management Commission
Disestablishment ...................................... 77/2017
Chestermere Utilities Incorporated ................ 163/2013 ......... 45/2014
City of Calgary Debt Service
Limit Exception ........................................ 165/2011 ......... 184/2016
City of Calgary Rivers District
Community Revitalization Levy .............. 232/2006 ......... 181/2016
City of Edmonton Belvedere Community
Revitalization Levy .................................. 57/2010
City of Edmonton Capital City Downtown
Community Revitalization Levy .............. 141/2013
City of Edmonton the Quarters Downtown
Community Revitalization Levy .............. 173/2010
Cochrane Community Revitalization
Levy ......................................................... 204/2012
Code of Conduct for Elected Officials ........... 200/2017
Community Aggregate Payment Levy ........... 263/2005 ......... 187/2010, 175/2015,
196/2017
Community Organization Property
Tax Exemption ......................................... 281/98 ............. 283/2003, 182/2008,
4/2010, 77/2010,
204/2011, 9/2015,
257/2017
Control of Corporations ................................. 284/2003 ......... 114/2013
Council and Council Committee
Meetings (Ministerial) .............................. 197/2017
Crown Land Area Designation ....................... 239/2003 ......... 29/2013, 204/2017
Crowsnest Pass ............................................... 197/2002 ......... 147/2012, 131/2017,
199/2017
Debt Limit ...................................................... 255/2000 ......... 25/2005, 100/2006,
253/2009, 5/2010,
13/2013, 171/2015
Determination of Population .......................... 63/2001 ........... 17/2006, 71/2006,
189/2010, 10/2013,
198/2017
Edmonton Metropolitan Region Board .......... 189/2017
Financial Information Return ......................... 158/2000 ......... 71/2004, 35/2007,
68/2008, 170/2009,
112/2014
Intermunicipal Collaboration
Framework ............................................... 191/2017
NOTE: AR 191/2017 comes into force
on Apr 1, 2018
Investment ...................................................... 66/2000 ........... 123/2005, 210/2006,
22/2010, 88/2010,
190/2010, 104/2012,
75/2015
Major Cities Investment ................................. 249/2000 ......... 190/2010, 75/2015,
173/2015
Matters Relating to Assessment and
Taxation ................................................... 220/2004 ......... 307/2006, 245/2008,
257/2009, 330/2009,
184/2012, 130/2017
Matters Relating to Assessment and
Taxation, 2018 ......................................... 203/2017
Matters Relating to Assessment
Complaints ............................................... 310/2009 ......... 215/2012, 130/2017
Matters Relating to Assessment
Complaints, 2018 ..................................... 201/2017
Matters Relating to Assessment
Sub-classes ............................................... 202/2017
Muni Funds Investment .................................. 22/2010 ........... 104/2012, 174/2015
Municipal Corporate Planning ....................... 192/2017
Municipal Gas Systems
Core Market ............................................. 93/2001 ........... 354/2003, 254/2007,
129/2008, 127/2013,
183/2017
MuniSERP Investment ................................... 210/2006 ......... 104/2012, 97/2017
NEW water Ltd. ............................................. 159/2012 ......... 45/2014
Newell Regional Services Corporation .......... 153/2012 ......... 45/2014
Off-site Levies ................................................ 187/2017
Peace Regional Waste Management
Company .................................................. 41/2011 ........... 45/2014
Planning Exemption ....................................... 223/2000 ......... 206/2001, 251/2001,
217/2002, 234/2002,
354/2003, 365/2003,
23/2005, 299/2006,
300/2006, 236/2007,
140/2008, 176/2009,
50/2011, 34/2014,
95/2015, 184/2017
Public Participation Policy ............................. 193/2017
Qualifications of Assessor .............................. 233/2005 ......... 307/2006, 63/2012,
96/2016
Regional Services / Commissions
Alberta Capital Region Wastewater
Commission ....................................... 129/85 ............. 366/85, 30/2000,
220/2000, 19/2002,
189/2006
Aqua 7 Regional Water Commission ....... 224/2003 ......... 137/2011
Aspen Regional Water Services
Commission ....................................... 176/2007
Athabasca Regional Waste Management
Services Commission ......................... 259/98 ............. 233/2006, 13/2017
Barrhead Regional Water Commission .... 135/2011
Beaver Emergency Services
Commission ....................................... 58/2010
Beaver Regional Waste Management
Services Commission ......................... 75/92 ............... 183/2013
Beaver River Regional Waste
Management Commission .................. 51/2003 ........... 130/2008
Big Country Waste Management
Services Commission ......................... 142/86 ............. 110/2007
Bow Valley Regional Transit
Services Commission ......................... 59/2011
Bow Valley Waste Management
Commission ....................................... 15/98
Capital Region Assessment Services
Commission ....................................... 77/96 ............... 177/97, 104/98,
260/98, 268/99,
171/2000, 239/2005,
48/2006, 234/2006,
25/2007, 177/2007,
2/2008, 312/2009,
93/2010, 26/2011,
223/2011, 27/2012,
102/2014
Capital Region Northeast Water
Services Commission ......................... 290/84 ............. 16/2001
Capital Region Parkland Water
Services Commission ......................... 291/84 ............. 86/85
Capital Region Southwest Water
Services Commission ......................... 292/84 ............. 143/2009, 213/2011,
141/2016
Central Alberta Regional Waste
Management Commission .................. 211/2000
Central Peace Fire and Rescue
Commission ....................................... 113/2016
Central Peace Regional Waste
Management Commission .................. 64/2001 ........... 72/2002
Cold Lake Regional Utility
Services Commission ......................... 265/86 ............. 44/97, 333/2003
Darwell Lagoon Commission ................... 59/2007
Elk Point/St. Paul Regional
Water Commission ............................. 52/2012
Evergreen Regional Waste Management
Services Commission ......................... 31/2000 ........... 212/2000
Foothills Regional Emergency
Services Commission ......................... 268/97 ............. 32/99, 6/2007,
237/2009, 7/2016
Foothills Regional Services
Commission ....................................... 161/89 ............. 28/92, 82/2001
Greenview Regional Waste
Management Commission .................. 78/2001
Henry Kroeger Regional Water
Services Commission ......................... 30/88 ............... 234/98, 8/2016
Highway 3 Regional Water Services
Commission ....................................... 313/2009
Highway 14 Regional Water
Services Commission ......................... 154/90 ............. 183/2000, 89/2002,
66/2012
Highway 28/63 Regional Water
Services Commission ......................... 136/2011
Highway 43 East Waste
Commission ....................................... 32/94 ............... 154/94, 140/99,
179/2003, 6/2012
Highway 12/21 Regional Water
Services Commission ......................... 195/2006 ......... 165/2007, 203/2007,
161/2013
John S. Batiuk Regional Water
Commission ....................................... 293/84 ............. 54/90, 3/2008,
160/2013
Lacombe Regional Waste Services
Commission ....................................... 105/2013
Lakeland Regional Waste Management
Services Commission
Disestablishment ................................ 15/2009
Lamont County Regional Solid
Waste Commission
see St. Michael Regional Solid
Waste Commission
Lesser Slave Lake Regional Waste Management
Services Commission ......................... 16/98
Lethbridge Regional Waste Management
Services Commission ......................... 138/89
Lethbridge Regional Water Services
Commission ....................................... 173/2001
Long Lake Regional Waste Management
Services Commission ......................... 98/91
Mackenzie Regional Waste
Management Commission .................. 264/2003
Magrath and District Regional Water
Services Commission ......................... 171/2012 ......... 162/2013
Mountain View Regional Emergency
Services Commission
Disestablishment ................................ 70/2011
Mountain View Regional Waste
Management Commission .................. 43/2001
Mountain View Regional Water Services
Commission ....................................... 245/92
North 43 Lagoon Commission ................. 181/2003 ......... 7/2007
North Forty Mile Regional Waste Management
Services Commission ......................... 284/88 ............. 9/2016
North Peace Regional Landfill
Commission ....................................... 174/2001
North Red Deer Regional Wastewater
Services Commission ......................... 166/2008
North Red Deer River Water Services
Commission ....................................... 105/2004
Northeast Pigeon Lake Regional
Services Commission ......................... 162/89
Oldman River Regional Services
Commission ....................................... 303/2003 ......... 63/2014
Pincher Creek Emergency Services
Commission ....................................... 230/2014
Regional Services Commission
Debt Limit .......................................... 76/2000 ........... 119/2005, 90/2010,
75/2015
Ridge Water Services Commission .......... 175/2009 ......... 90/2012
Roseridge Waste Management
Services Commission ......................... 17/2001
Shirley McClellan Regional Water
Services Commission ......................... 212/2007 ......... 14/2017
Slave Lake Airport Services
Commission ....................................... 267/98 ............. 84/2002
Smoky River Regional Waste
Management Commission .................. 24/2003
Smoky River Regional Water
Management Commission .................. 151/2003
South Forty Waste Services
Commission ....................................... 175/98
South Red Deer Regional
Wastewater Commission .................... 52/2008
St. Michael Regional Solid
Waste Commission ............................. 232/99 ............. 177/2014
Sylvan Lake Regional Wastewater
Commission ....................................... 53/2008
Sylvan Lake Regional Water
Commission ....................................... 54/2008
Thorhild Regional Waste Management
Services Commission
Disestablishment ................................ 22/2013
Trivillage Regional Sewage
Services Commission ......................... 70/90
Trivillage Regional Sewage Services
Commission Municipal Utilities
Acquisition ......................................... 368/92
Twin Valley Regional Water
Services Commission ......................... 175/2011
Two Hills Regional Waste Management
Commission ....................................... 49/2000 ........... 91/2012
Vauxhall and District Regional Water
Services Commission ......................... 301/2009
Vermilion River Regional Waste
Management Services
Commission ....................................... 63/2005
Vulcan District Waste Commission ......... 106/2004
West Inter Lake District Regional Water
Services Commission ......................... 156/2008 ......... 234/2008
Westend Regional Sewage Services
Commission ....................................... 277/94
Westlock Regional Waste Management
Commission ....................................... 40/2000
Westlock Regional Water Services
Commission ....................................... 167/2008 ......... 15/2017
Willow Creek Regional Waste Management
Services Commission ......................... 274/93
Sheep River Regional Utility
Corporation .............................................. 16/2016
Subdivision and Development
Appeal Board ........................................... 195/2017
NOTE: AR 195/2017 comes into force on
April 1, 2018
Subdivision and Development ....................... 43/2002 ........... 105/2005, 196/2006,
126/2007, 254/2007,
68/2008, 144/2009,
193/2010, 51/2011,
31/2012, 160/2012,
170/2012, 89/2013,
119/2014, 188/2017
Subdivision and Development Forms ............ 44/2002 ........... Rep. 194/2017
Subdivision and Development Forms
Repeal ...................................................... 194/2017
SuperNet Assessment ..................................... 91/2016
Supplementary Accounting Principles
and Standards ........................................... 313/2000 ......... 62/2004, 171/2009,
108/2013, 111/2014
Well Drilling Equipment Tax Rate ................ 218/2014
Wheatland Regional Corporation ................... 39/2017
Wood Buffalo Utilities Corporation ............... 94/2016
1
MUNICIPAL GOVERNMENT ACT
Chapter M-26
Table of Contents
1 Interpretation
2 Application of Act
2.1 Indian reserves
Part 1
Purposes, Powers and Capacity of Municipalities
3 Municipal purposes
4 Corporation
5 Powers, duties and functions
6 Natural person powers
Part 2
Bylaws
Division 1
General Jurisdiction
7 General jurisdiction to pass bylaws
8 Powers under bylaws
9 Guides to interpreting power to pass bylaws
10 Bylaw passing powers in other enactments
11 Relationship to natural person powers
Division 2
Scope of Bylaws
12 Geographic area of bylaws
13 Relationship to Provincial law
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
2
Part 3
Special Municipal Powers and Limits
on Municipal Powers
Division 1
Expropriation
14 Expropriation powers
15 Expropriating part of a parcel
Division 2
Roads
16 Title to roads
17 Disposal of estate or interest in roads
18 Control of roads
19 Rocky Mountains Forest Reserve
20 Specialized municipalities
21 Land abutting roads
22 Road closure
23 Compensation
24 Closure of unnecessary road
25 Temporary road closure
26 Temporary roads and rights of way
27 Leases
27.1 Forestry roads
27.2 Forestry road agreement
27.3 Fees charged to other users
27.4 Failure to maintain road
27.5 Unauthorized commercial or industrial use
27.6 Existing agreements
Division 3
Public Utilities
General
28 Definitions
28.1 Interpretation
29 Composition of system or works
30 Long-term supply agreements to public utilities
31 Regulation of gas supply obtained from direct sellers
32 Other authorizations and approvals
Municipal Public Utilities
33 Prohibiting other public utilities
33.1 Exception
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
3
34 Duty to supply utility service
35 Parcels adjacent to roads and easements
36 Right of entry - main lines
37 Service connections - owner
38 Service connections - municipality
39 Restoration and costs
40 Buildings
41 Discontinue providing public utility
42 Liability for public utilities charges
43 Appeal
44 Dispute with other municipalities
Non-municipal Public Utilities
45 Granting rights to provide utility service
45.1 Exception
46 Prohibiting other non-municipal public utilities
46.1 Exception
47 Renewals
47.1 EPCOR Water Services Inc.
Division 5
Business Improvement Areas
50 Purpose
51 Board
52 Civil liability of board members
53 Regulations
Division 6
Miscellaneous Powers
54 Providing services in other areas
55 Sharing taxes and grants
56 Civic holidays
57 Census
58 Road names
59 Hamlets
60 Water bodies
61 Granting rights over property
62 Acquiring land for roads
Division 7
Revision and Consolidation of Bylaws
62.1 Definitions
63 Revising bylaws
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
4
65 Requirements relating to revised bylaws
66 Effects of revised bylaws
67 References to repealed bylaws
69 Consolidation of bylaws
Division 8
Limits on Municipal Powers
70 Disposal of land
71 Mines and minerals
72 Acquisition of land outside municipal boundaries
73 Control of profit corporations
74 Firearms
75 Forest and Prairie Protection Act
Part 4
Formation, Fundamental Changes and Dissolution
Division 1
General Criteria
76 Principles, standards and criteria
Division 2
Formation
77 Types of municipality that may be formed
78 Municipal district
80 Village
81 Town
82 City
83 Specialized municipality
84 Modification of requirements
85 Initiating formation
86 Factors to be considered
87 Public input
88 Formation order
89 Contents of order
89.1 Summer village
90 Official administrator
Division 3
Change of Status
91 Meaning of change of status
91.1 Summer village
92 Application of formation rules
93 Initiation of change of status
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
5
94 Public input
95 Consideration of principles
96 Change of status order
97 Contents of order
97.2 Effect of change of status
Division 4
Change of Name
98 Change of name order
99 Effect of change of name
Division 5
Amalgamation
100 Application
101 Restriction on amalgamation
102 Initiation of amalgamation proceedings
103 Initiation by municipal authority
104 Direct negotiations
105 Report on negotiations
106 Disposition of report
106.1 Regulations
107 Initiation by Minister
108 Notice by Minister
109 Consideration of principles
110 Amalgamation order
111 Contents of order
112 Official administrator
Division 6
Annexation
112.1 Mediation
113 Application
114 Restriction on annexation
115 Annexations of same land
116 Initiation of annexation
117 Direct negotiations
118 Report on negotiations
119 Disposition of report
120 General agreement on proposed annexation
121 No general agreement on proposed annexation
122 Notice of hearing and costs
123 Boards report
124 Contents of report
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
6
125 Annexation order
126 Annexation order without report
127 Contents of order
127.1 Public utilities
128 Annexation refused
128.1 Regulations
Division 7
Dissolution
129 Application
130 Viability review
130.1 Completion of viability review
130.2 Vote
130.3 Dismissal
133 Dissolution order
134 Tax
134.1 Transitional
Division 8
General Provisions
135 Effect of certain orders
136 Power to effectuate transfer of land and other property
137 Transitional and other matters
138 Retroactivity of orders
139 Orders published
140 Regulations Act
141 Location of boundaries
Part 4.1
City Charters
141.1 Interpretation
141.2 Purpose of Part
141.3 Establishment of charter
141.4 Proposed charter must be published on website
141.5 Elements of charter
141.6 Charter prevails
141.7 Retroactive operation of charter
141.8 No effect on status of charter city
141.9 Existing rights and obligations not affected
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
7
Part 5
Councils, Councillors and Council Committees
Division 1
Councils and Council Committees
142 Councils as governing bodies
143 Number of councillors for municipalities
144 Bylaw changing number of councillors
144.1 Bylaws respecting maternity and parental
leave for councillors
145 Bylaws - council and council committees
146 Composition of council committees
Division 1.1
Codes of Conduct
146.1 Bylaws — codes of conduct
Division 2
Elections, Appointments and Ward System
147 Election of councillors
148 Division of municipality into wards
149 Passing bylaw
150 Election or appointment of chief elected official
151 Passing bylaw
152 Deputy and acting chief elected officials
Division 3
Duties, Titles and Oaths of Councillors
153 General duties of councillors
153.1 Duty of chief administrative officer
154 General duties of chief elected official
155 Titles of chief elected official and other councillors
156 Taking of oath
Division 4
Term of Office
157 Local Authorities Election Act
158 Extension of term
159 Appointed chief elected officials
Division 5
Vacancies and Quorum
160 Positions unfilled at general election
161 Resignation
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
8
162 Vacancy in position of councillor
163 Chief elected official (elected) vacancy
164 Chief elected official (appointed) vacancy
165 Election day
166 Minister orders by-election
167 Quorum
168 No quorum
Division 6
Pecuniary Interest of Councillors
169 Definitions
170 Pecuniary interest
171 Bylaw requiring statement of disclosure
172 Disclosure of pecuniary interest
173 Effect of pecuniary interest on agreements
Division 7
Disqualification of Councillors
174 Reasons for disqualification
Division 8
Enforcement of Disqualification
175 Resignation on disqualification
176 Decision on disqualification application
177 Inadvertence or genuine error
178 Appeal
179 Reimbursement of costs and expenses
Division 9
Council Proceedings
Requirements for Valid Action
180 Methods in which council may act
181 Requirements for valid bylaw or resolution
Voting
182 Restriction to one vote per person
183 Requirement to vote and abstentions
184 Abstention from voting on matter discussed at public hearing
185 Recording of votes
185.1 Secret ballot
186 Tied vote
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
9
Passing a Bylaw
187 Bylaw readings
188 Rescission of previous bylaw readings
189 Passing of bylaw
190 Coming into force
191 Amendment and repeal
Meetings
192 Organizational meetings
193 Regular council meetings
194 Special council meetings
195 Council committee meetings
196 Method of giving notice
197 Public presence at meetings
198 Right of public to be present
199 Meeting through electronic communications
200 Power to require taking of oath
Part 6
Municipal Organization and Administration
201 Councils principal role in municipal organization
201.1 Orientation training
202 Exercise of certain powers and duties
203 Delegation by council
204 Municipal office
205 Establishment of chief administrative officer
205.1 Performance evaluation
206 Appointment, suspension and revocation
207 Chief administrative officers responsibilities
208 Performance of major administrative duties
209 Delegation by chief administrative officer
210 Designated officers
211 Revocation
212 Delegation by designated officer
212.1 Fidelity bond
213 Signing or authorization of municipal documents
214 Destruction of records
215 Prohibition of certain agreements with employees
Part 7
Public Participation
216.1 Public participation policy
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
10
217 What information must a municipality provide
Petitions
219 Rules for petitions
220 CAO duties
221 Petition sufficiency requirements
222 Who can petition
223 Number of petitioners
224 Other requirements for a petition
225 Counting petitioners
226 Report on sufficiency of petition
226.1 Bylaws modifying petition requirements
226.2 Protection of personal information in petitions
Meetings with the Public
227 Advertising
228 Improper conduct
229 Petition for meeting
Public Hearings
230 When to hold public hearing
Petitions for Vote of the Electors -
Advertised Bylaws and Resolutions
231 Petition for vote on advertised bylaws and resolutions
Petitions for Vote of the Electors -
New Bylaws
232 Petition for bylaw
233 Councils duty on receiving certain petition
234 Petitions respecting public vote bylaws
235 Result of a vote on a question
Vote of the Electors - General Provisions
236 Electors to vote on a question
237 Local Authorities Election Act
238 Delaying votes
239 One year moratorium on similar subject-matter
240 Amendments or repeal of bylaws or resolutions
voted on by electors
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
11
Part 8
Financial Administration
241 Definitions
Budgets
242 Adoption of operating budget
243 Contents of operating budget
244 Financial shortfall
245 Adoption of capital budget
246 Contents of capital budget
247 Tax bylaws
248 Expenditure of money
248.1 Annual budget
249 Civil liability of councillors
Investments
250 Authorized investments
Borrowing
251 Borrowing bylaw
252 Debt limit
253 Use of borrowed money
254 Capital property
255 Exemption from borrowing conditions
256 Operating expenditures
257 Capital property - short-term borrowing
258 Capital property - long-term borrowing
259 Capital property - interim financing
260 Special works
261 Refinancing
262 Services or activities that are funded by agreement
263 Local improvements
Loans and Guarantees
264 Purpose of loans and guarantees
265 Loan bylaws
266 Guarantee bylaw
268 Debt limit
268.1 Financial records and receipts
General Matters
269 Financial year
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
12
270 Municipal accounts
271 Regulations
272 Seal and signatures
273 Validity of borrowings, loans and guarantees
274 Application of money borrowed
275 Civil liability of councillors
275.1 Expense allowance
Annual Financial Statements and Auditors Report
276 Annual financial statements
277 Financial information return
278 Returns and reports to Minister
279 Financial statements for controlled corporations
280 Auditors
281 Auditors reports
282 Auditor appointed by Minister
283 Access to information by auditors
Financial Plans and Capital Plans
283.1 Required plans
Part 9
Assessment of Property
284 Interpretation provisions for Parts 9 to 12
284.1 Provincial assessor
284.2 Municipal assessor
Division 1
Preparation of Assessments
285 Preparing annual assessments
289 Assessments for property other than
designated industrial property
290 Land to be assessed as a parcel
290.1 Assessment of condominium unit
290.2 Assessment of strata space
291 Rules for assessing improvements
292 Assessments for designated industrial property
293 Duties of assessors
294 Right to enter on and inspect property
295 Duty to provide information
296 Court authorized inspection and enforcement
297 Assigning assessment classes to property
298 Non-assessable property
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
13
299 Access to municipal assessment record
299.1 Access to provincial assessment record
299.2 Municipal access to provincial assessment record
300 Access to summary of municipal assessment
300.1 Access to summary of provincial assessment
301 Right to release assessment information
301.1 Relationship to Freedom of Information and Protection
of Privacy Act
Division 2
Assessment Roll
302 Preparation of roll
303 Contents of roll
303.1 Contents of provincial assessment roll
304 Recording assessed persons
305 Correction of roll
305.1 Report to Minister
306 Severability of roll
307 Inspection of roll
Division 3
Assessment Notices
308 Assessment notices
308.1 Notice of assessment date
309 Contents of assessment notice
310 Sending assessment notices
311 Publication of notice
312 Correction of notice
Division 4
Preparation of Supplementary Assessments
313 Bylaw
314 Supplementary assessment
314.1 Supplementary assessment re designated
industrial property
315 Supplementary assessment roll
316 Supplementary assessment notices
316.1 Contents of supplementary assessment notice
Division 5
Equalized Assessments
317 Definition
317.1 Supplementary assessments
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
14
318 Preparation of equalized assessments
319 Duty to provide information
320 Sending equalized assessments to municipalities
321 Appeal of equalized assessment
Division 6
General Powers of the Minister Relating to Assessments and
Equalized Assessments
322 Regulations
322.1 Validation of Minister’s Guidelines
323 Ministers power to prepare assessments
324 Ministers power to quash assessments
325 Ministers power to alter an equalized assessment
Part 10
Taxation
Division 1
General Provisions
326 Definitions
327 Tax roll
328 Duty to provide information
329 Contents of tax roll
330 Correction of roll
331 Person liable to pay taxes
332 Taxes imposed on January 1
333 Tax notices
333.1 Tax agreements
334 Contents of tax notice
335 Sending tax notices
336 Certification of date of sending tax notice
337 Deemed receipt of tax notice
338 Correction of tax notice
339 Incentives
340 Instalments
341 Deemed receipt of tax payment
342 Receipt for payment of taxes
343 Application of tax payment
344 Penalty for non-payment in current year
345 Penalty for non-payment in other years
346 Penalties
347 Cancellation, reduction, refund or deferral of taxes
348 Tax becomes debt to municipality
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
15
349 Fire insurance proceeds
350 Tax certificates
351 Non-taxable property
352 Limitation on time for starting proceedings
Division 2
Property Tax
353 Property tax bylaw
354 Tax rates
355 Calculating tax rates
356 Calculating amount of tax
357 Special provision of property tax bylaw
357.1 Tax rate for residential property
358.1 Maximum tax ratio
359 Requisitions
359.1 Alberta School Foundation Fund requisitions
359.2 School board requisitions
359.3 Designated industrial property assessment requisitions
359.4 Cancellation, reduction, refund or deferral of taxes
360 Tax agreement
361 Exemptions based on use of property
362 Exemptions for Government, churches and other bodies
362.1 Electric energy generation systems exemptions
363 Exempt property that can be made taxable
364 Exemptions granted by bylaw
364.1 Brownfield tax incentives
365 Licensed premises
366 Grants in place of taxes
367 Property that is partly exempt and partly taxable
368 Changes in taxable status of property
369 Supplementary property tax bylaw
370 Regulations
Division 3
Business Tax
371 Business tax bylaw
372 Taxable business
373 Person liable to pay business tax
374 Contents of business tax bylaw
374.1 Assessment not required
375 Exempt businesses
376 Exemption when tax is payable under Division 2
377 Business tax rate bylaw
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
16
378 Calculating amount of tax
379 Supplementary business tax bylaw
380 Grants in place of taxes
Division 4
Business Improvement Area Tax
381 Regulations
Division 4.1
Community Revitalization Levy
381.1 Definitions
381.2 Community revitalization levy bylaw
381.3 Person liable to pay levy
381.4 Incremental assessed value not subject to equalized
assessment or requisition
381.5 Regulations
Division 5
Special Tax
382 Special tax bylaw
383 Taxable property
384 Contents of special tax bylaw
385 Condition
386 Use of revenue
387 Person liable to pay special tax
Division 6
Well Drilling Equipment Tax
388 Well drilling equipment tax bylaw
389 Person liable to pay the tax
390 Calculation of the tax
Division 7
Local Improvement Tax
391 Definition
392 Petitioning rules
393 Proposal of local improvement
394 Local improvement plan
395 Contents of plan
396 Procedure after plan is prepared
397 Local improvement tax bylaw
398 Contents of bylaw
399 Start-up of a local improvement
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
17
400 Person liable to pay local improvement tax
401 Paying off a local improvement tax
402 Variation of local improvement tax bylaw
403 Variation of local improvement tax rate
404 Unusual parcels
405 Municipalitys share of the cost
406 Land required for local improvement
407 Exemption from local improvement tax
408 Sewers
409 Private connection to a local improvement
Division 7.1
Community Aggregate Payment Levy
409.1 Community aggregate payment levy bylaw
409.2 Person liable to pay levy
409.3 Regulations
Division 8
Recovery of Taxes Related to Land
410 Definitions
411 Methods of recovering taxes in arrears
412 Tax arrears list
413 Tax recovery notification
414 Removal of improvements
415 Right to pay tax arrears
416 Right to collect rent to pay tax arrears
417 Warning of sale
418 Offer of parcel for sale
419 Reserve bid and conditions of sale
420 Right to possession
421 Advertisement of public auction
422 Adjournment of auction
423 Right to a clear title
424 Transfer of parcel to municipality
425 Right to dispose of parcel
425.1 Ministers authority to transfer parcel
426 Revival of title on payment of arrears
427 Separate account for sale proceeds
428 Distribution of surplus sale proceeds
428.1 Payment of undistributed money to municipality
428.2 Transfer to municipality after 15 years
429 Prohibited bidding and buying
429.1 Right to place tax arrears on new parcels of land
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
18
430 Minerals
431 Acquisition of minerals
432 Right of way
433 When parcel becomes part of another municipality
434 Non-liability for condition of land
434.1 Action for condition of land prohibited
435 Continuation of proceedings
436 Deemed compliance with Act
Division 8.1
Recovery of Taxes Related to
Designated Manufactured Homes
436.01 Definitions
436.02 Methods of recovering taxes in arrears
436.03 Tax arrears list
436.04 Costs of recovery
436.05 Removal of designated manufactured home or improvements
436.06 Right to pay tax arrears
436.07 Right to collect rent to pay tax arrears
436.08 Warning of sale
436.09 Offer of designated manufactured home for sale
436.1 Reserve bid and conditions for sale
436.11 Right to possession
436.12 Advertisement of public auction
436.13 Adjournment of auction
436.14 Unencumbered ownership
436.15 Right to sell or dispose of designated manufactured home
436.16 Payment of tax arrears
436.17 Separate account for sale proceeds
436.18 Distribution of surplus sale proceeds
436.19 Payment of undistributed money to municipality
436.2 Transfer to municipality after 10 years
436.21 Prohibited bidding and buying
436.22 Manufactured home moved to another municipality
436.23 Regulations
436.24 Reporting requirements
Division 9
Recovery of Taxes Not Related to Land
437 Definitions
438 Methods of recovering taxes in arrears
439 Right to issue distress warrant
440 Seizure of goods
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
19
441 Goods affected by distress warrant
442 Date for issuing distress warrant
443 Right to pay tax arrears
444 Right to collect rent to pay tax arrears
445 Sale of property
446 Date of public auction
447 Exception to sale at auction
448 Transfer to municipality
449 Separate account for sale proceeds
450 Distribution of surplus sale proceeds
451 Seizure of designated manufactured home
452 Regulations
Part 11
Assessment Review Boards
Division 1
Establishment and Function of Assessment Review Boards
453 Interpretation
454 Assessment review boards to be established
454.1 Appointment of members to local assessment review board
454.11 Panels of local assessment review board
454.2 Appointment of members to composite assessment review board
454.21 Panels of composite assessment review board
454.3 Qualifications of members
455 Joint establishment of assessment review boards
456 Clerk
457 Replacement of panel members
458 Quorum
459 Decision
460 Complaints
460.1 Jurisdiction of assessment review boards
461 Address to which a complaint is sent
462 Notice of assessment review board hearing
463 Absence from hearing
464 Proceedings before assessment review board
464.1 Hearings open to public
465 Notice to attend or produce
466 Protection of witnesses
Division 2
Decisions of Assessment Review Boards
467 Decisions of assessment review board
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
20
467.1 Appeal to composite assessment review board
468 Assessment review board decisions
468.1 Costs of proceedings
468.2 Effect of order relating to costs
469 Notice of decision
470 Judicial review
471 Technical irregularities
Division 4
General Matters
476.1 Referral of unfair assessment to Minister
477 Required changes to rolls
478 Right to continue proceedings
479 Obligation to pay taxes
480 Prohibition
481 Fees
482 Admissible evidence at hearing
483 Decision admissible by judicial review
484 Immunity
484.1 Regulations
Part 12
Municipal Government Board
485 Definitions
Division 1
Establishment and Jurisdiction of the
Municipal Government Board
486 Appointment of Board members
487 Panels of the Board
487.1 Qualifications of members
488 Jurisdiction of the Board
488.01 ALSA regional plans
488.1 Limit on Boards jurisdiction
489 Quorum
490 Decision
Division 2
Hearings Before the Board
491 Form of complaint
492 Complaints about designated industrial property
493 Duty of administrator on receiving statement
494 Notice of hearing before the Board
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
21
495 Absence from hearing
496 Proceedings before the Board
497 Notice to attend or produce
498 Protection of witnesses
499 Decisions of the Board
500 Board decisions
501 Costs of proceedings
502 Effect of decision relating to costs
503 Extension of time
504 Rehearing
505 Notice of decision
507 Technical irregularities
508 Intervention by municipality
Division 3
Judicial Review of Board Decisions
508.1 Judicial Review of Board Decisions
Division 4
Inquiries by the Board
514 Referrals to the Board
515 Report
Division 5
General Matters
516 Referral of unfair assessment to Minister
517 Required changes to rolls
518 Right to continue proceedings
519 Obligation to pay taxes
520 Prohibition
521 Power of Board re contempt
523 Rules re procedures
524 Powers of the Board
525 Admissible evidence at hearing
525.1 Hearings open to public
526 Decision admissible on judicial review
527 Immunity
527.1 Regulations
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
22
Part 13
Liability of Municipalities, Enforcement of Municipal
Law and Other Legal Matters
Division 1
Liability of Municipalities
527.2 Acting in accordance with statutory authority
528 Non-negligence actions
529 Exercise of discretion
530 Inspections and maintenance
531 Snow on roads
532 Repair of roads, public places and public works
533 Things on or adjacent to roads
534 Public works affecting land
Division 2
Liability of Councillors and Others
535 Protection of councillors and municipal officers
535.1 Protection of sporting commissions
535.2 Protection of fire service organizations
Division 3
Challenging Bylaws and Resolutions
536 Application to the Court of Queens Bench
537 Procedure
538 Validity relating to public participation
539 Reasonableness
540 Effect of councillor being disqualified
Division 4
Enforcement of Municipal Law
541 Definitions
542 Municipal inspections and enforcement
543 Court authorized inspections and enforcement
544 Inspecting meters
545 Order to remedy contraventions
546 Order to remedy dangers and unsightly property
546.1 Caveat
547 Review by council
548 Appeal to Court of Queens Bench
549 Municipality remedying contraventions
550 Municipality remedying dangers and unsightly property
551 Emergencies
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
23
552 Recovery of amounts owing by civil action
553 Adding amounts owing to tax roll
553.1 Adding amounts owing to property tax roll
553.2 Adding amounts owing to business tax roll
554 Injunction
554.1 Municipalitys costs in actions
555 Bylaw enforcement officers
556 Powers and duties of bylaw enforcement officers
Division 5
Offences and Penalties
557 General offences
558 Offences applicable to officials
559 Unauthorized use of heraldic emblems
560 Documents used to enforce bylaws
562 Obstructing construction of public work or utilities
563 Stop-cock
564 Operating a business without a licence
565 Prosecutions
566 Penalty
567 Order for compliance
568 Fines and penalties
569 Civil liability not affected
Part 14
General Ministerial Powers
570 Intermunicipal disagreements
570.01 Measures to ensure compliance with ALSA regional plans
570.1 Information
571 Inspection
572 Inquiry
573 Bank accounts
574 Directions and dismissal
575 Official administrator as supervisor
575.1 Reports of official administrators
575.2 Enforcement where municipality under supervision
576 Remuneration for official administrator
577 Providing Minister with copies and information
578 Delegation
579 Fees
579.1 Minister’s decisions
580 Regulations
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
24
Part 15
Improvement Districts
581 Formation order
582 Contents of order
583 Changes to improvement districts
584 Orders published
585 Regulations Act
586 Application of other enactments
587 General power of Minister
588 Council
588.1 Expense allowance
589 Delegation by Minister
590 Hamlets
591 Employees
592 Roads
593 Estimate of expenditures
594 Machinery and equipment and designated industrial property
595 Trust account for revenue
596 Expenditures
597 Public accounts
598 Settlement of accounts
599 Investments
600 Borrowing
601 Acquisition of land
602 Agreements for services
Part 15.1
Regional Services Commissions
602.01 Interpretation
Division 1
Establishment and Operation
602.02 Establishing commissions
602.021 Compliance with ALSA regional plans
602.03 Corporation
602.04 Board of directors
602.05 Directors representing Province
602.06 Delegation
602.07 Bylaws
602.08 Meetings
602.09 Control of profit corporations
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
25
Division 2
Powers
602.1 Natural person powers
602.11 Service area
602.12 Traffic Safety Act
602.125 Acquisition of land in adjoining province or territory
602.13 Expropriation
602.14 Public utility disputes
602.15 Other disputes
602.16 Order
Division 3
Financial Matters
602.17 Payments to board
602.18 Financial year
602.19 Operating budget
602.2 Contents of operating budget
602.21 Deficiency
602.22 Capital budget
602.23 Contents of capital budget
602.24 Expenditure of money
602.25 Civil liability of directors
602.26 Authorized investments
602.27 Use of borrowed money
602.28 Borrowing
602.29 Debt limit regulations
602.3 Civil liability of directors
602.31 Loans and guarantees
602.32 Financial information return
602.33 Audited financial statements
602.34 Distribution of returns and statements
Division 4
Ministers Powers
602.35 Inspection
602.36 Directions and dismissal
602.37 Official administrator as supervisor
602.371 Reports of official administrators
602.372 Enforcement where regional services commission under
supervision
602.38 Remuneration for official administrator
602.381 Providing Minister with copies and information
602.39 Application of provisions outside this Part
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
26
602.4 Disestablishing a commission
Division 5
Transitional
602.5 Transitional regulations
Part 16
Miscellaneous
603 Lieutenant Governor in Council regulations
603.1 Validation of regulations
604 Ministerial regulations
605 Altering dates and time periods
606 Requirements for advertising
606.1 Advertisement bylaw
607 Service of documents
608 Sending documents
609 Adverse possession of land
610 Lost or unclaimed property
611 Unclaimed utility deposits
612 Certified copies
613 Calgary Charter
615 Crowsnest Pass
615.1 Municipal emergency exemption
615.2 Agreements under Aeronautics Act (Canada)
Part 17
Planning and Development
616 Definitions
617 Purpose of this Part
618 Non-application of this Part
618.1 Exemption
618.2 Bylaws binding
Division 1
Other Authorizations, Compensation
619 NRCB, ERCB, AEUB or AUC authorizations
620 Conditions prevail
621 Compensation
Division 2
Land Use Policies
622 Land use policies
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
27
Division 3
Planning Authorities
623 Subdivision authority
624 Development authority
625 Intermunicipal service agency
626 Municipal planning commission
627,628 Appeal board established
628.1 Immunity
629 Appeal board evidence
630 Signature evidence
630.1 Fees
630.2 Compliance with ALSA regional plans
Division 4
Statutory Plans
Intermunicipal Development Plans
631 Intermunicipal development plan
631.1 Order for intermunicipal development plan
Municipal Development Plans
632 Municipal development plan
Area Structure Plans
633 Area structure plan
Area Redevelopment Plans
634 Area redevelopment plans
635 Plan contents
General Provisions
636 Statutory plan preparation
637 Effect of plans
638 Plans consistent
638.1 Conflict with ALSA regional plans
638.2 Listing and publishing of policies
Division 5
Land Use
639 Land use bylaw
639.1 Protection of agricultural operations
640 Land use bylaw
640.1 Alternative time periods for applications
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
28
641 Designation of direct control districts
642 Permitted and discretionary uses
643 Non-conforming use and non-conforming buildings
644 Acquisition of land designated for public use
645 Stop order
646 Enforcement of stop order
Division 6
Development Levies and Conditions
647 Redevelopment levies
648 Off-site levy
648.01 Intermunicipal off-site levy
648.1 Appeal of off-site levy
649 Levy bylaws
650 Condition of issuing development permit
651 Agreements re oversize improvements
651.1 Restrictive covenant
651.2 Encroachment agreements
Division 7
Subdivision of Land
652 Subdivision approval required
653 Application for subdivision approval
653.1 Subdivision applications
654 Approval of application
655 Conditions of subdivision approval
656 Decision
657 Subdivision registration
658 Cancellation of plan of subdivision
659 Collection of taxes
660 Cancellation registered
Division 8
Reserve Land, Land for Roads and Utilities
661 Land dedication
661.1 Land for conservation reserve
662 Roads, utilities, etc.
663 Reserves not required
664 Environmental reserve
664.1 Agreement respecting environmental reserve
664.2 Conservation reserve
665 Designation of municipal land
666 Municipal and school reserves
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
29
667 Money in place of municipal, school reserve
668 Additional municipal and school reserve
669 Deferment of municipal and school reserves
670 Allocation of municipal and school reserve
Division 9
Use and Disposal of Reserve Land
671 Use of reserve land, money
672 Transfer of school and other reserves to municipality
673 Transfer to school authority
674 Disposal of municipal and school reserve
674.1 Disposal of conservation reserve
674.2 Removal of designation as conservation reserve
675 Removal of designation as municipal reserve
676 Changes to environmental reserves use or boundaries
677 Road, etc., over reserve land
Division 10
Subdivision and Development Appeals
Subdivision Appeals
678 Appeals
679 Notice of hearing
680 Hearing and decision
681 Failure to make decision
682 Endorsement of subdivision plan
Development Permits
683 Permit
683.1 Development applications
Development Appeals
684 Permit deemed refused
685 Grounds for appeal
686 Appeals
687 Hearing and decision
Court of Appeal
688 Law, jurisdiction appeals
689 Decision on appeal
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
30
Division 11
Intermunicipal Disputes
690 Intermunicipal disputes
691 Board hearing
Division 12
Bylaws, Regulations
692 Planning bylaws
693 Airport vicinity regulations
693.1 Development in floodways
694 Regulations
Division 13
Transitional
697 Zoning caveat
Part 17.1
Growth Management Boards
708.01 Interpretation
708.011 Purpose
Division 1
Establishment and Operation of Growth
Management Boards
708.02 Establishing growth management board
708.03 Corporation
708.04 Appointment of representative
708.041 Meetings of growth management board
708.05 Powers and duties of growth management board
708.06 Compliance with ALSA regional plans
708.07 Delegation
708.08 Bylaws
708.09 Annual report of growth management board
Division 2
Approval and Effective Date of Growth Plan
708.1 Approval of growth plan
708.11 Effective date of growth plan
Division 3
Effect of Growth Plan
708.12 Actions must conform with growth plan
708.13 Plan prevails
RSA 2000
Chapter M-26
MUNICIPAL GOVERNMENT ACT
31
708.14 Conformity with growth plan
708.15 Conflict with ALSA regional plans
Division 4
General Matters
708.16 Effect of regulation on existing statutory plans
708.17 Information must be provided
708.18 Matters before the Municipal Government Board
708.19 Limitation of actions
708.2 No remedy
708.21 Proceedings barred
708.22 No expropriation or injurious affection
708.23 Appeal or dispute resolution mechanism
708.24 Ministerial orders
708.25 Transitional
Part 18
Transitional Provisions
710 Transitional regulations
Preamble
WHEREAS Alberta’s municipalities, governed by democratically
elected officials, are established by the Province, and are
empowered to provide responsible and accountable local
governance in order to create and sustain safe and viable
communities;
WHEREAS Alberta’s municipalities play an important role in
Alberta’s economic, environmental and social prosperity today and
in the future;
WHEREAS the Government of Alberta recognizes the importance
of working together with Alberta’s municipalities in a spirit of
partnership to co-operatively and collaboratively advance the
interests of Albertans generally; and
WHEREAS the Government of Alberta recognizes that Alberta’s
municipalities have varying interests and capacity levels that
require flexible approaches to support local, intermunicipal and
regional needs;
THEREFORE HER MAJESTY, by and with the advice and
consent of the Legislative Assembly of Alberta, enacts as follows:
Interpretation
1(1) In this Act,
RSA 2000
Section 1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
32
(a) “ALSA regional plan” means a regional plan as defined in
the Alberta Land Stewardship Act;
(a.1) “business” means
(i) a commercial, merchandising or industrial activity or
undertaking,
(ii) a profession, trade, occupation, calling or
employment, or
(iii) an activity providing goods or services,
whether or not for profit and however organized or
formed, including a co-operative or association of
persons;
(b) “by-election” means an election to fill a vacancy on a
council other than at a general election;
(c) “chief administrative officer” means a person appointed to
a position under section 205;
(d) “chief elected official” means the person elected or
appointed as chief elected official under section 150;
(e) “council” means
(i) the council of a city, town, village, summer village,
municipal district or specialized municipality,
(ii) repealed 1995 c24 s2,
(iii) the council of a town under the Parks Towns Act, or
(iv) the council of a municipality incorporated by a
special Act;
(f) “council committee” means a committee, board or other
body established by a council under this Act but does not
include an assessment review board established under
section 454 or a subdivision and development appeal
board established under section 627;
(g) “councillor” includes the chief elected official;
(h) “designated officer” means a person appointed to a
position established under section 210(1);
(i) “elector” means a person who is eligible to vote in the
election for a councillor under the Local Authorities
Election Act;
RSA 2000
Section 1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
33
(j) “enactment” means
(i) an Act of the Legislature of Alberta and a regulation
made under an Act of the Legislature of Alberta, and
(ii) an Act of the Parliament of Canada and a statutory
instrument made under an Act of the Parliament of
Canada,
but does not include a bylaw made by a council;
(k) “general election” means an election held to fill vacancies
on council caused by the passage of time, and includes a
first election;
(k.1) “growth management board” means a growth
management board established under Part 17.1;
(k.2) “Indian band” means a band within the meaning of the
Indian Act (Canada);
(k.3) “Indian reserve” means a reserve within the meaning of
the Indian Act (Canada);
(l) “Land Compensation Board” means the Land
Compensation Board established under the Expropriation
Act;
(m) “local authority” means
(i) a municipal authority,
(ii) a regional health authority under the Regional Health
Authorities Act,
(iii) a regional services commission, and
(iv) the board of trustees of a district or division as
defined in the School Act;
(n) “market value” means the amount that a property, as
defined in section 284(1)(r), might be expected to realize
if it is sold on the open market by a willing seller to a
willing buyer;
(o) “Minister” means the Minister determined under section
16 of the Government Organization Act as the Minister
responsible for this Act;
(p) “municipal authority” means a municipality, improvement
district and special area and, if the context requires, in the
case of an improvement district and special area,
RSA 2000
Section 1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
34
(i) the geographical area of the improvement district or
special area, or
(ii) the Minister, where the improvement district or
special area is authorized or required to act;
(q) “Municipal Government Board” means the Municipal
Government Board established under Part 12, and
includes any panel of the Board;
(r) “municipal purposes” means the purposes set out in
section 3;
(s) “municipality” means
(i) a city, town, village, summer village, municipal
district or specialized municipality,
(ii) repealed 1995 c24 s2,
(iii) a town under the Parks Towns Act, or
(iv) a municipality formed by special Act,
or, if the context requires, the geographical area within the
boundaries of a municipality described in subclauses (i) to
(iv);
(t) “natural person powers” means the capacity, rights,
powers and privileges of a natural person;
(u) “owner” means
(i) in respect of unpatented land, the Crown,
(ii) in respect of other land, the person who is registered
under the Land Titles Act as the owner of the fee
simple estate in the land, and
(iii) in respect of any property other than land, the person
in lawful possession of it;
(v) “parcel of land” means
(i) where there has been a subdivision, any lot or block
shown on a plan of subdivision that has been
registered in a land titles office;
(ii) where a building affixed to the land that would
without special mention be transferred by a transfer
of land has been erected on 2 or more lots or blocks
shown on a plan of subdivision that has been
RSA 2000
Section 1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
35
registered in a land titles office, all those lots or
blocks;
(iii) a quarter section of land according to the system of
surveys under the Surveys Act or any other area of
land described on a certificate of title;
(w) “pecuniary interest” means pecuniary interest within the
meaning of Part 5, Division 6;
(x) “population” means population as defined and determined
in accordance with the regulations;
(y) “public utility” means a system or works used to provide
one or more of the following for public consumption,
benefit, convenience or use:
(i) water or steam;
(ii) sewage disposal;
(iii) public transportation operated by or on behalf of the
municipality;
(iv) irrigation;
(v) drainage;
(vi) fuel;
(vii) electric power;
(viii) heat;
(ix) waste management;
(x) residential and commercial street lighting,
and includes the thing that is provided for public
consumption, benefit, convenience or use;
(y.1) “regional services commission” means a regional services
commission under Part 15.1;
(z) “road” means land
(i) shown as a road on a plan of survey that has been
filed or registered in a land titles office, or
(ii) used as a public road,
RSA 2000
Section 1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
36
and includes a bridge forming part of a public road and
any structure incidental to a public road;
(z.1) “summer village residence” means a parcel of land having
at least one building the whole or any part of which was
designed or intended for, or is used as, a residence by one
person or as a shared residence by 2 or more persons,
whether on a permanent, seasonal or occasional basis;
(aa) “tax” means
(i) a property tax,
(ii) a business tax,
(iii) a business improvement area tax,
(iii.1) a community revitalization levy,
(iv) a special tax,
(v) a well drilling equipment tax,
(vi) a local improvement tax, and
(vii) a community aggregate payment levy;
(bb) “taxpayer” means a person liable to pay a tax;
(cc) “whole council” means
(i) all of the councillors that comprise the council under
section 143,
(ii) if there is a vacancy on council and the council is not
required to hold a by-election under section 162 or
163, the remaining councillors, or
(iii) if there is a vacancy on council and the Minister
orders that the remaining councillors constitute a
quorum under section 160 or 168, the remaining
councillors.
(1.1) The Minister may make regulations defining “meeting” for
the purposes of one or more provisions of this Act and the
regulations.
(1.2) In this Act, a reference to a body of water is to be interpreted
as a reference to
(a) a permanent and naturally occurring water body, or
RSA 2000
Section 2 Chapter M-26
MUNICIPAL GOVERNMENT ACT
37
(b) a naturally occurring river, stream, watercourse or lake.
(2) For the purposes of this Act, a municipality or group of
municipalities controls a corporation if
(a) the municipality or group of municipalities hold, other
than by way of security only, securities of the corporation
to which are attached more than 50% of the votes that
may be cast to elect directors of the corporation and, if
exercised, are sufficient to elect a majority of the directors
of the corporation, or
(b) all or a majority of its members or directors are appointed
by the municipality or group of municipalities.
(2.1) For the purposes of the definition of “summer village
residence” in subsection (1)(z.1), “building” includes a
manufactured home, mobile home, modular home or travel trailer
but does not include a tent.
(3) For the purposes of this Act, a meeting or part of a meeting is
considered to be closed to the public if
(a) any members of the public are not permitted to attend the
entire meeting or part of the meeting,
(b) the council, committee or other body holding the meeting
instructs any member of the public to leave the meeting or
part of the meeting, other than for improper conduct, or
(c) the council, committee or other body holding the meeting
holds any discussions separate from the public during the
meeting or part of the meeting.
RSA 2000 cM-26 s1;2005 c14 s2;2013 c17 s2;
2015 c8 s2;2016 c24 s4;2017 c13 s1(2);2017 c22 s38
Application of Act
2(1) This Act applies to all municipalities and improvement
districts.
(2) If there is an inconsistency between this Act and
(a) repealed 1995 c24 s3,
(b) the Parks Towns Act, or
(c) a special Act forming a municipality,
the other Act prevails.
1994 cM-26.1 s2;1995 c24 s3
RSA 2000
Section 2.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
38
Indian reserves
2.1 No municipality, improvement district or special area
constituted under the Special Areas Act includes land set apart as
an Indian reserve.
2016 c24 s5;2017 c13 s2(2)
Part 1
Purposes, Powers and Capacity
of Municipalities
Municipal purposes
3 The purposes of a municipality are
(a) to provide good government,
(a.1) to foster the well-being of the environment,
(b) to provide services, facilities or other things that, in the
opinion of council, are necessary or desirable for all or a
part of the municipality, and
(c) to develop and maintain safe and viable communities.
RSA 2000 cM-26 s3;2017 c13 s1(3)
Corporation
4 A municipality is a corporation.
1994 cM-26.1 s4
Powers, duties and functions
5 A municipality
(a) has the powers given to it by this and other enactments,
(b) has the duties that are imposed on it by this and other
enactments and those that the municipality imposes on
itself as a matter of policy, and
(c) has the functions that are described in this and other
enactments.
1994 cM-26.1 s5
Natural person powers
6 A municipality has natural person powers, except to the extent
that they are limited by this or any other enactment.
1994 cM-26.1 s6
RSA 2000
Section 7 Chapter M-26
MUNICIPAL GOVERNMENT ACT
39
Part 2
Bylaws
Division 1
General Jurisdiction
General jurisdiction to pass bylaws
7 A council may pass bylaws for municipal purposes respecting
the following matters:
(a) the safety, health and welfare of people and the protection
of people and property;
(b) people, activities and things in, on or near a public place
or place that is open to the public;
(c) nuisances, including unsightly property;
(d) transport and transportation systems;
(e) businesses, business activities and persons engaged in
business;
(f) services provided by or on behalf of the municipality;
(g) public utilities;
(h) wild and domestic animals and activities in relation to
them;
(i) the enforcement of bylaws made under this or any other
enactment, including any or all of the following:
(i) the creation of offences;
(ii) for each offence, imposing a fine not exceeding
$10 000 or imprisonment for not more than one year,
or both;
(iii) providing for the imposition of a penalty for an
offence that is in addition to a fine or imprisonment
so long as the penalty relates to a fee, cost, rate, toll
or charge that is associated with the conduct that
gives rise to the offence;
(iv) providing that a specified penalty prescribed under
section 44 of the Provincial Offences Procedure Act
is reduced by a specified amount if the penalty is
paid within a specified time;
RSA 2000
Section 8 Chapter M-26
MUNICIPAL GOVERNMENT ACT
40
(v) providing for imprisonment for not more than one
year for non-payment of a fine or penalty;
(vi) providing that a person who contravenes a bylaw
may pay an amount established by bylaw and if the
amount is paid, the person will not be prosecuted for
the contravention;
(vii) providing for inspections to determine if bylaws are
being complied with;
(viii) remedying contraventions of bylaws.
1994 cM-26.1 s7
Powers under bylaws
8 Without restricting section 7, a council may in a bylaw passed
under this Division
(a) regulate or prohibit;
(b) deal with any development, activity, industry, business or
thing in different ways, divide each of them into classes
and deal with each class in different ways;
(c) provide for a system of licences, permits or approvals,
including any or all of the following:
(i) establishing fees for licences, permits and approvals,
including fees for licences, permits and approvals
that may be in the nature of a reasonable tax for the
activity authorized or for the purpose of raising
revenue;
(ii) establishing fees for licences, permits and approvals
that are higher for persons or businesses who do not
reside or maintain a place of business in the
municipality;
(iii) prohibiting any development, activity, industry,
business or thing until a licence, permit or approval
has been granted;
(iv) providing that terms and conditions may be imposed
on any licence, permit or approval, the nature of the
terms and conditions and who may impose them;
(v) setting out the conditions that must be met before a
licence, permit or approval is granted or renewed, the
nature of the conditions and who may impose them;
RSA 2000
Section 9 Chapter M-26
MUNICIPAL GOVERNMENT ACT
41
(vi) providing for the duration of licences, permits and
approvals and their suspension or cancellation for
failure to comply with a term or condition or the
bylaw or for any other reason specified in the bylaw;
(c.1) establish and specify the fees, rates, fares, tariffs or
charges that may be charged for the hire of taxis or
limousines;
(d) provide for an appeal, the body that is to decide the appeal
and related matters.
1994 cM-26.1 s8;1998 c24 s2
Guides to interpreting power to pass bylaws
9 The power to pass bylaws under this Division is stated in
general terms to
(a) give broad authority to councils and to respect their right
to govern municipalities in whatever way the councils
consider appropriate, within the jurisdiction given to them
under this or any other enactment, and
(b) enhance the ability of councils to respond to present and
future issues in their municipalities.
1994 cM-26.1 s9
Bylaw passing powers in other enactments
10(1) In this section, “specific bylaw passing power” means a
municipality’s power or duty to pass a bylaw that is set out in an
enactment other than this Division, but does not include a
municipality’s natural person powers.
(2) If a bylaw could be passed under this Division and under a
specific bylaw passing power, the bylaw passed under this Division
is subject to any conditions contained in the specific bylaw passing
power.
(3) If there is an inconsistency between a bylaw passed under this
Division and one passed under a specific bylaw passing power, the
bylaw passed under this Division is of no effect to the extent that it
is inconsistent with the specific bylaw passing power.
1994 cM-26.1 s10
Relationship to natural person powers
11(1) Despite section 180(2), a municipality may do something
under its natural person powers even if the thing could be done
under a bylaw passed under this Division.
(2) Section 7(i) does not apply to a bylaw passed under a
municipality’s natural person powers.
1994 cM-26.1 s11
RSA 2000
Section 12 Chapter M-26
MUNICIPAL GOVERNMENT ACT
42
Division 2
Scope of Bylaws
Geographic area of bylaws
12 A bylaw of a municipality applies only inside its boundaries
unless
(a) one municipality agrees with another municipality that a
bylaw passed by one municipality has effect inside the
boundaries of the other municipality and the council of
each municipality passes a bylaw approving the
agreement, or
(b) this or any other enactment says that the bylaw applies
outside the boundaries of the municipality.
1994 cM-26.1 s12
Relationship to Provincial law
13 If there is a conflict or inconsistency between a bylaw and this
or another enactment, the bylaw is of no effect to the extent of the
conflict or inconsistency.
RSA 2000 cM-26 s13;2015 c8 s3
Part 3
Special Municipal Powers and Limits
on Municipal Powers
Division 1
Expropriation
Expropriation powers
14(1) In this section, “organization” means any of the following
organizations in which the municipality is a member or has
acquired shares:
(a) a society under the Societies Act;
(b) an association registered under Part 9 of the Companies
Act;
(c) a corporation under the Business Corporations Act that is
a charity or operates for non-profit purposes;
(d) a corporation that operates for the purpose of making a
profit and that is controlled by one or more municipalities,
if the control is in accordance with the regulations under
section 73.
(2) If a council wants to acquire an estate or interest in land, inside
or outside the municipality
RSA 2000
Section 15 Chapter M-26
MUNICIPAL GOVERNMENT ACT
43
(a) for a purpose authorized by an enactment,
(b) to carry out an area redevelopment plan under Part 17,
whether undertaken by the municipality alone or in
conjunction with another person,
(c) to improve land owned by the municipality,
(d) for the purpose of selling the land as building sites,
(e) to enable an organization to carry out a development as
defined in Part 17 or a redevelopment, or
(f) for any other municipal purpose,
it may acquire the estate or interest in the land by expropriation
under the Expropriation Act.
(3) No council may expropriate an estate or interest in mines or
minerals.
(4) The expropriation of an estate or interest in land that is outside
the municipality is subject to section 72.
(5) When the council is of the opinion that the municipality can
obtain a more reasonable price or other advantage by acquiring the
whole or a larger portion of any parcel of land of which a part may
be expropriated by the municipality, the municipality may
expropriate the whole or the larger portion of the parcel.
1994 cM-26.1 s14;1995 c24 s4
Expropriating part of a parcel
15(1) If a municipality’s notice of intention to expropriate
proposes to expropriate a portion of a parcel of land, the owner of
the parcel may apply to the Land Compensation Board to direct the
municipality to expropriate the whole of the parcel.
(2) The Land Compensation Board may direct the municipality to
expropriate the whole of the parcel of land if, in the opinion of the
Board, the expropriation of a part of the parcel is unfair to the
owner of the parcel.
1994 cM-26.1 s15
Division 2
Roads
Title to roads
16(1) The title to all roads in a municipality, other than a city, is
vested in the Crown in right of Alberta.
RSA 2000
Section 17 Chapter M-26
MUNICIPAL GOVERNMENT ACT
44
(2) The title to all roads in a city is vested in the city unless
another Act or agreement provides otherwise.
(3) Nothing in this section gives a city title to mines and minerals.
1994 cM-26.1 s16
Disposal of estate or interest in roads
17(1) Subject to any other Act or agreement, the council of a city
has the power and is deemed always to have had the power to
dispose of an interest in a road in the city so long as the disposition
does not amount to a sale or lease or require a road closure under
section 22.
(2) No interest disposed of under subsection (1) may be registered
in a land titles office.
1994 cM-26.1 s17
Control of roads
18(1) Subject to this or any other Act, a municipality has the
direction, control and management of all roads within the
municipality.
(2) Subject to this or any other Act, a municipal district also has
the direction, control and management of roads and road diversions
surveyed for the purpose of opening a road allowance as a
diversion from the road allowance on the south or west boundary of
the district although the roads or road diversions are outside the
boundaries of the municipal district.
(3) Nothing in this section gives a municipality the direction,
control and management of mines and minerals.
1994 cM-26.1 s18
Rocky Mountains Forest Reserve
19 In The Municipal District of Bighorn No. 8 and Clearwater
County, the Minister of Transportation has the direction, control
and management of roads within the Rocky Mountains Forest
Reserve constituted under the Forest Reserves Act.
RSA 2000 cM-26 s19;2007 c16 s5;2013 c10 s21
Specialized municipalities
20(1) The Minister of Transportation has the direction, control and
management of roads within a specialized municipality that has
been formed in whole or in part from an improvement district.
(2) Despite subsection (1), the Minister of Transportation and the
council of the specialized municipality may enter into an agreement
providing that all or part of the direction, control and management
of roads within the specialized municipality may be exercised by
the specialized municipality.
RSA 2000
Section 21 Chapter M-26
MUNICIPAL GOVERNMENT ACT
45
(3) If there is an agreement under subsection (2), the Minister of
Transportation may require that a specialized municipality pay for
the cost of fulfilling the Minister’s responsibilities with respect to
roads within the specialized municipality, and the specialized
municipality must pay the amount of the requisition as soon as
practicable after the requisition is made.
RSA 2000 cM-26 s20;2007 c16 s5;2013 c10 s21
Land abutting roads
21 If a municipality acquires land abutting a road intending that
the land will become part of the road and, before the land is
incorporated into the road, the municipality grants to an adjoining
land owner a licence or permit to occupy the land, the land subject
to the licence or permit is deemed to be part of the road.
1994 cM-26.1 s21;1996 c30 s2
Road closure
22(1) No road in a municipality that is subject to the direction,
control and management of the municipality may be closed except
by bylaw.
(2) A bylaw closing a road must be advertised.
(3) A bylaw closing a road made by the council of a municipality
that is not a city has no effect unless it is approved by the Minister
of Transportation before the bylaw receives second reading.
(4) Before passing a bylaw closing a road, a person who claims to
be affected prejudicially by the bylaw or that person’s agent must
be given an opportunity to be heard by the council.
RSA 2000 cM-26 s22;2007 c16 s5;2013 c10 s21
Compensation
23(1) Any person who occupies, owns or has an interest in land
that sustains damages through the closing of a road by bylaw must
be compensated for the damages.
(2) If the municipality is not able to agree with the claimant on the
amount of compensation, the compensation must be determined by
the Land Compensation Board.
(3) This section does not apply in respect of the removal of
(a) a roadway of a street or part of a street that provides a
physical means of access to or from a controlled street, or
(b) a direct physical means of access between a controlled
street and land adjacent to the controlled street
under section 28 of the Highways Development and Protection Act.
RSA 2000 cM-26 s23;2004 cH-8.5 s69
RSA 2000
Section 24 Chapter M-26
MUNICIPAL GOVERNMENT ACT
46
Closure of unnecessary road
24 Despite section 22, the council of a municipal district may by
resolution, with the approval of the Minister of Transportation,
close the whole or any part of a road described in a surveyed road
plan that the council determines is no longer required for use by the
travelling public owing to the existence of an alternate route.
RSA 2000 cM-26 s24;2007 c16 s5;2013 c10 s21
Temporary road closure
25 Despite section 22, a council by resolution or a designated
officer if authorized by resolution of the council may temporarily
close the whole or a part of a road at any time that a construction or
maintenance project on or adjacent to the road may create a hazard.
1994 cM-26.1 s25
Temporary roads and rights of way
26(1) In this section, “private land” means land that is not owned
by the Crown in right of Alberta or of Canada or their agents.
(2) A council may by bylaw open a temporary road or a temporary
right of way on private land.
(3) A temporary road or right of way established under this section
may be kept open for not more than 2 years.
(4) The owner and occupant of land over which the temporary
road or right of way passes are entitled to compensation from the
municipality for the use of the temporary road or right of way and
for loss or damage caused by the temporary road or right of way.
(5) If there is no agreement on compensation, the compensation
must be decided by the Land Compensation Board.
(6) Section 22 does not apply to a temporary road or right of way
established under this section.
1994 cM-26.1 s26
Leases
27(1) This section applies to a portion of a road that is within a
municipality and that is deemed to be closed because a Crown lease
has been granted for the portion of the road.
(2) Subject to the rights of any lessee of any Crown lease referred
to in subsection (1), the council of the municipality may by bylaw,
reopen the whole or part of the portion of the road that was closed.
(3) If the whole or a part of a road is reopened, the council must
send a copy of the bylaw to the Minister of Transportation.
RSA 2000 cM-26 s27;2007 c16 s5;2013 c10 s21
RSA 2000
Section 27.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
47
Forestry roads
27.1(1) In this section and sections 27.2 to 27.5,
(a) “agreement holder” means the person who has entered
into an agreement with a municipality under section 27.2;
(b) “former forestry road” means a road within a municipality
that was designated as a forestry road under section 6 of
the Highways Development and Protection Act or under
section 14 of the Public Highways Development Act, but
does not include a forestry road that has subsequently
been designated as a provincial highway under the
Highways Development and Protection Act or designated
as a primary highway under the Public Highways
Development Act.
(2) No person may use a former forestry road for commercial or
industrial purposes unless the person is authorized to use the road
for a commercial or industrial purpose under an agreement referred
to in section 27.2.
(3) Nothing in this section prevents a person from using a former
forestry road for a purpose other than a commercial or industrial
purpose.
RSA 2000 cM-26 s27.1;2004 cH-8.5 s69
Forestry road agreement
27.2 A municipality may enter into an agreement with a person
with respect to a former forestry road that
(a) authorizes the person to use the road for commercial and
industrial purposes,
(b) authorizes the person
(i) to allow others to use the road for commercial or
industrial purposes, and
(ii) to charge those others a fee for that use,
(c) requires the person to maintain the road according to
specifications or standards referred to in the agreement
and to be responsible for capital improvements to the
road, and
(d) deals with any other matter concerning the road that the
parties consider appropriate.
1998 c24 s3
RSA 2000
Section 27.3 Chapter M-26
MUNICIPAL GOVERNMENT ACT
48
Fees charged to other users
27.3(1) An agreement holder may not charge a person who uses a
former forestry road for a commercial or industrial purpose an
amount that exceeds a reasonable fee based on the increased
maintenance and administrative costs of the agreement holder as a
result of the person’s use of the road.
(2) If there is a dispute concerning the amount of the reasonable
fee, the matter must be referred to the Minister, and the Minister or
a person selected by the Minister must determine the amount of the
fee.
(3) The decision of the Minister or the person selected by the
Minister is final and binding.
1998 c24 s3
Failure to maintain road
27.4(1) If the agreement holder does not maintain the former
forestry road in accordance with the agreement and the
municipality incurs costs in maintaining the road, the costs incurred
by the municipality are an amount owing by the agreement holder
to the municipality.
(2) Repealed 1999 c11 s3.
1998 c24 s3;1999 c11 s3
Unauthorized commercial or industrial use
27.5(1) A person who contravenes section 27.1(2) is liable to pay
to the agreement holder, for each day that the contravention occurs,
5% of the agreement holder’s cost of maintaining and adding
capital improvements to the former forestry road in the calendar
year preceding the contravention.
(2) The agreement holder may collect the amount the agreement
holder is owed under subsection (1) by civil action for debt.
1998 c24 s3
Existing agreements
27.6 Where an order designating a road as a forestry road under
section 6 of the Highways Development and Protection Act or
section 14 of the Public Highways Development Act is repealed,
any existing agreements made by the Minister of Transportation in
respect of the road are deemed to be agreements made by the
municipality in which the road exists.
RSA 2000 cM-26 s27.6;2004 cH-8.5 s69
RSA 2000
Section 28 Chapter M-26
MUNICIPAL GOVERNMENT ACT
49
Division 3
Public Utilities
General
Definitions
28 In this Division,
(a) “customer” has the meaning given to it in the Electric
Utilities Act;
(a.1) “easement” means an easement, interest or right held by a
municipality for the purpose of locating the system or
works of a municipal public utility;
(b) “municipal public utility” means the system or works of a
public utility operated by or on behalf of a municipality or
a subsidiary of a municipality within the meaning of
section 1(3) of the Electric Utilities Act other than under
an agreement referred to in section 45;
(c) “municipal utility service” means a utility service
provided by a municipal public utility;
(d) “non-municipal public utility” means the system or works
of a public utility operated by or on behalf of a person
under an agreement referred to in section 45;
(d.1) “retailer” has the meaning given to it in the Electric
Utilities Act;
(e) “service connection” means the part of the system or
works of a public utility that runs from the main lines of
the public utility to a building or other place on a parcel of
land for the purpose of providing the utility service to the
parcel and includes those parts of the system or works
described in section 29;
(f) “utility service” means the thing that is provided by the
system or works of a public utility.
RSA 2000 cM-26 s28;2003 cE-5.1 s165
Interpretation
28.1(1) In this section,
(a) “municipal tariff matter” means any matter relating to a
transmission tariff, a distribution tariff or a regulated rate
tariff of a municipality or of a subsidiary of a municipality
that is subject to the jurisdiction of the Alberta Utilities
Commission under the Electric Utilities Act;
RSA 2000
Section 29 Chapter M-26
MUNICIPAL GOVERNMENT ACT
50
(b) “transmission tariff”, “distribution tariff”, “regulated rate
tariff” and “subsidiary” have the same meaning as they
have in the Electric Utilities Act.
(2) In the event of an inconsistency between the Electric Utilities
Act and this Act in respect of a municipal tariff matter, the Electric
Utilities Act prevails.
2003 cE-5.1 s165; 2007 cA-37.2 s82(17)
Composition of system or works
29 When the system or works of a public utility involve pipes,
wires or other things that connect to a building, the system or
works include
(a) the pipes, wires or things
(i) running up to the building,
(ii) located on or within the exterior walls of the
building, and
(iii) running from the exterior walls to couplings,
stop-cocks, meters and other apparatus placed inside
the building by the municipality or person providing
the public utility,
and
(b) those couplings, stop-cocks, meters and other apparatus.
1994 cM-26.1 s29
Long-term supply agreements to public utilities
30(1) If a council proposes to make an agreement to supply water,
steam or fuel to a public utility for a period that, with rights of
renewal, could exceed 5 years, the agreement must be approved by
the Alberta Utilities Commission before it is made.
(2) If a council or a municipal public utility proposes to make an
agreement regarding the supply of electric power for a period that,
with rights of renewal, could exceed 5 years, the agreement must
be approved by the Alberta Utilities Commission before it is made.
(3) The approval of the Alberta Utilities Commission is not
required under subsection (2) if the proposed agreement relates to
or arises from the supply of electric power under
(a) a power purchase arrangement,
(b) a generation asset held or sold by the Balancing Pool, or
(c) a direct sales agreement.
RSA 2000
Section 31 Chapter M-26
MUNICIPAL GOVERNMENT ACT
51
(4) In subsection (3), “power purchase arrangement”, “generation
asset”, “direct sales agreement” and “Balancing Pool” have the
same meaning as they have in the Electric Utilities Act.
RSA 2000 cM-26 s30;2003 cE-5.1 s165; 2007 cA-37.2 s82(17)
Regulation of gas supply obtained from direct sellers
31(1) In this section,
(a) “consumer” means a consumer of gas who takes delivery
of the gas at its place of consumption by means of an
urban gas system operated by a distributor;
(b) “direct seller” means a person, other than a distributor,
who sells gas to a consumer or to another person who
purchases the gas as an agent of the consumer for the
purposes of this section;
(c) “distributor” means
(i) an urban municipality that operates an urban gas
system, or
(ii) a rural gas co-operative association as defined in the
Gas Distribution Act, that operates an urban gas
system under an agreement referred to in section 45;
(d) “urban gas system” means the system or works of a public
utility for the distribution of gas to consumers within an
urban municipality;
(e) “urban municipality” means a city, town, village or
summer village.
(2) The Lieutenant Governor in Council may make regulations
(a) establishing classes of consumers for the purposes of this
section;
(b) respecting the conditions to which the rights of consumers
under subsection (3) are subject;
(c) governing, with respect to any matters provided for in the
regulations, the rights and obligations of
(i) distributors,
(ii) direct sellers,
(iii) consumers, and
(iv) agents of consumers for purposes related to this
section.
RSA 2000
Section 32 Chapter M-26
MUNICIPAL GOVERNMENT ACT
52
(3) Subject to the regulations, a consumer has the right to obtain a
supply of gas from a direct seller for delivery to the consumer by
means of an urban gas system operated by a distributor, subject to
the rates, charges or tolls and on the terms and conditions
established by the distributor with respect to the transportation of
the gas.
(4) The Alberta Utilities Commission, on the application of a
consumer or direct seller aggrieved by an unreasonable refusal of
the distributor to provide service for the transportation of gas to the
consumer by means of the distributor’s urban gas system or by any
unreasonable term or condition under which the transportation
service is or is sought to be provided by the distributor, may make
an order
(a) directing the distributor to provide the transportation
service in accordance with the provisions of the order,
(b) amending, replacing or voiding the term or condition, or
(c) settling the term or condition.
(5) Section 45 does not apply to the sale of gas by a direct seller to
a consumer or to another person who purchases the gas as an agent
of the consumer for the purposes of this section.
RSA 2000 cM-26 s31; 2007 cA-37.2 s82(17)
Other authorizations and approvals
32 Nothing in this Division exempts a municipality or other
person operating a public utility from obtaining necessary
approvals or other authorizations under an enactment or bylaw.
1994 cM-26.1 s32
Municipal Public Utilities
Prohibiting other public utilities
33 When a municipality provides a municipal utility service, the
council may by bylaw prohibit any person other than the
municipality from providing the same or a similar type of utility
service in all or part of the municipality.
1994 cM-26.1 s33
Exception
33.1 A bylaw under section 33 shall not prohibit a retailer from
providing to customers in all or any part of the municipality the
functions or services that retailers are permitted to provide under
the Electric Utilities Act or the regulations under that Act.
2003 cE-5.1 s165
RSA 2000
Section 34 Chapter M-26
MUNICIPAL GOVERNMENT ACT
53
Duty to supply utility service
34(1) If the system or works of a municipal public utility that
provide a municipal utility service are adjacent to a parcel of land,
the municipality must, when it is able to do so and subject to any
terms, costs or charges established by council, provide the
municipal utility service to the parcel on the request of the owner
of the parcel.
(2) If the system or works of a municipal public utility that provide
a municipal utility service are adjacent to a parcel of land, the
municipality may, when it is able to do so and subject to any terms,
costs or charges established by council, provide the municipal
utility service to the parcel on the request of the occupant of the
parcel who is not the owner.
1994 cM-26.1 s34
Parcels adjacent to roads and easements
35(1) This section applies when the main lines of the system or
works of a municipal public utility are located above, on or
underneath a road or easement and the municipality provides the
municipal utility service to a parcel of land adjacent to the road or
easement.
(2) The municipality is responsible for the construction,
maintenance and repair of the portion of the service connection
from the main lines of the system or works to the boundary of the
road or easement.
(3) Despite subsection (2), the council may as a term of supplying
the municipal utility service to the parcel of land make the owner
responsible for the costs of the construction, maintenance and
repair of the portion of the service connection from the main lines
of the system or works to the boundary of the road or easement.
(4) If the owner is responsible for the costs of the construction,
maintenance or repair referred to in subsection (3), those costs are
an amount owing to the municipality by the owner.
1994 cM-26.1 s35
Right of entry - main lines
36(1) This section applies to
(a) the main lines of the system or works of a municipal
public utility located above, on or underneath a road or
easement, and
(b) the portion of a service connection referred to in section
35(2).
RSA 2000
Section 37 Chapter M-26
MUNICIPAL GOVERNMENT ACT
54
(2) A municipality may enter on any land for the purpose of
constructing, repairing or maintaining the system or works
described in subsection (1).
(3) After the municipality has constructed, repaired or maintained
the system or works, the municipality must, at its expense, restore
any land that has been entered on under subsection (2) as soon as
practicable.
(4) If the municipality does not restore the land as soon as
practicable and the owner of the land restores it, the municipality is
liable to the owner for the restoration costs.
1994 cM-26.1 s36
Service connections - owner
37(1) The owner of a parcel of land is responsible for the
construction, maintenance and repair of a service connection of a
municipal public utility located above, on or underneath the parcel.
(2) If the municipality is not satisfied with the construction,
maintenance or repair of the service connection, the municipality
may require the owner of the parcel of land to do something in
accordance with its instructions with respect to the construction,
maintenance or repair of the system or works by a specified time.
(3) If the thing has not been done to the satisfaction of the
municipality within the specified time or in an emergency, the
municipality may enter on any land or building to construct,
maintain or repair the service connection.
1994 cM-26.1 s37
Service connections - municipality
38(1) Despite section 37, the council may as a term of providing a
municipal utility service to a parcel of land give the municipality
the authority to construct, maintain and repair a service connection
located above, on or underneath the parcel.
(2) A municipality that has the authority to construct, maintain or
repair a service connection under subsection (1) may enter on any
land or building for that purpose.
1994 cM-26.1 s38
Restoration and costs
39(1) After the municipality has constructed, maintained or
repaired the service connection located above, on or underneath a
parcel of land under section 37 or 38, the municipality must restore
any land entered on as soon as practicable.
(2) The municipality’s costs relating to the construction,
maintenance or repair under section 37 or 38 and restoration costs
RSA 2000
Section 40 Chapter M-26
MUNICIPAL GOVERNMENT ACT
55
under this section are an amount owing to the municipality by the
owner of the parcel.
1994 cM-26.1 s39
Buildings
40(1) When a municipal utility service is provided to a building
that has more than one apartment, office or other unit, the system
or works of the municipal public utility may be installed over the
different apartments, offices or other units.
(2) The system or works must be attached to the outside of the
building unless consent is given to install them inside.
1994 cM-26.1 s40
Discontinue providing public utility
41 In accordance with its bylaws, a municipality may, for any
lawful reason,
(a) discontinue providing a municipal utility service after
giving reasonable notice of its intention to do so, and
(b) remove the system or works of the municipal public utility
used to provide the utility service.
1994 cM-26.1 s41
Liability for public utilities charges
42(1) The charges for a municipal utility service provided to a
parcel of land are an amount owing to the municipality by the
owner of the parcel.
(2) If the municipality agrees to provide a municipal utility service
to a parcel of land on the request of an occupant of the parcel who
is not the owner, the charges for the municipal utility service
provided to the parcel are an amount owing to the municipality by
the occupant and not the owner.
1994 cM-26.1 s42
Appeal
43(1) A person who uses, receives or pays for a municipal utility
service may appeal a service charge, rate or toll made in respect of
it to the Alberta Utilities Commission, but may not challenge the
public utility rate structure itself.
(2) If the Alberta Utilities Commission is satisfied that the
person’s service charge, rate or toll
(a) does not conform to the public utility rate structure
established by the municipality,
(b) has been improperly imposed, or
RSA 2000
Section 44 Chapter M-26
MUNICIPAL GOVERNMENT ACT
56
(c) is discriminatory,
the Commission may order the charge, rate or toll to be wholly or
partly varied, adjusted or disallowed.
RSA 2000 cM-26 s43; 2007 cA-37.2 s82(17)
Dispute with other municipalities
44(1) If
(a) a municipality is supplying a utility service to a person
outside the municipality, and
(b) there is a dispute between the municipality supplying the
utility service and any other municipality in connection
with the rates, tolls or charges,
the dispute may be submitted to the Alberta Utilities Commission.
(2) The Commission may make an order on any terms and
conditions that it considers proper.
(3) This section applies whether or not a public utility is subject to
the control and orders of the Alberta Utilities Commission pursuant
to section 111 of the Public Utilities Act or section 4 of the Gas
Utilities Act.
RSA 2000 cM-26 s44; 2007 cA-37.2 s82(17)
Non-municipal Public Utilities
Granting rights to provide utility service
45(1) A council may, by agreement, grant a right, exclusive or
otherwise, to a person to provide a utility service in all or part of
the municipality, for not more than 20 years.
(2) The agreement may grant a right, exclusive or otherwise, to use
the municipality’s property, including property under the direction,
control and management of the municipality, for the construction,
operation and extension of a public utility in the municipality for
not more than 20 years.
(3) Before the agreement is made, amended or renewed, the
agreement, amendment or renewal must
(a) be advertised, and
(b) be approved by the Alberta Utilities Commission.
(4) Subsection (3)(b) does not apply to an agreement to provide a
utility service between a council and a regional services
commission.
RSA 2000
Section 45.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
57
(5) Subsection (3) does not apply to an agreement to provide a
utility service between a council and a subsidiary of the
municipality within the meaning of section 1(3) of the Electric
Utilities Act.
RSA 2000 cM-26 s45;2003 cE-5.1 s165; 2007 cA-37.2 s82(17)
Exception
45.1 An agreement made under section 45 shall not grant an
exclusive right to provide to customers in all or any part of the
municipality the functions or services that retailers are permitted to
provide under the Electric Utilities Act or the regulations under that
Act.
2003 cE-5.1 s165
Prohibiting other non-municipal public utilities
46 When a person provides a utility service in a municipality
under an agreement referred to in section 45, the council may by
bylaw prohibit any other person from providing the same or a
similar utility service in all or part of the municipality.
1994 cM-26.1 s46
Exception
46.1 A bylaw under section 46 shall not prohibit a retailer from
providing to customers in all or any part of the municipality the
functions or services that retailers are permitted to provide under
the Electric Utilities Act or the regulations under that Act.
2003 cE-5.1 s165
Renewals
47(1) An agreement referred to in section 45 that is not renewed
continues in effect until either party, with the approval of the
Alberta Utilities Commission, terminates it on 6 months’ notice.
(2) If notice to terminate has been given under subsection (1), the
municipality has the right to purchase the rights, systems and works
of the public utility.
(3) If the municipality wishes to purchase the rights, systems and
works and no agreement on the purchase can be reached, either
party may refer the matter to the Alberta Utilities Commission.
(4) After the matter is referred to the Alberta Utilities
Commission, the Commission must by order fix the terms and price
of the purchase and the order is binding on the parties.
RSA 2000 cM-26 s47; 2007 cA-37.2 s82(17)
Utility Services Provided by Municipal Subsidiaries
EPCOR Water Services Inc.
47.1(1) Sections 43 to 47 apply in respect of a utility service
provided by EPCOR Water Services Inc.
RSA 2000
Section 50 Chapter M-26
MUNICIPAL GOVERNMENT ACT
58
(2) Part 2 of the Public Utilities Act does not apply in respect of a
public utility that
(a) is owned or operated by EPCOR Water Services Inc., and
(b) provides a utility service within the boundaries of the City
of Edmonton.
(3) If there is a dispute between a regional services commission
and EPCOR Water Services Inc. with respect to
(a) rates, tolls or charges for a service that is a public utility,
(b) compensation for the acquisition by the commission of
facilities used to provide a service that is a public utility,
or
(c) the commission’s use of any road, square, bridge, subway
or watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta
Utilities Commission, and the Alberta Utilities Commission may
issue an order on any terms and conditions that the Alberta Utilities
Commission considers appropriate.
RSA 2000 cM-26 s47.1; 2007 cA-37.2 s82(17)
Division 4 Repealed 2008 cE-6.6 s55.
Division 5
Business Improvement Areas
Purpose
50 A council may by bylaw establish a business improvement
area for one or more of the following purposes:
(a) improving, beautifying and maintaining property in the
business improvement area;
(b) developing, improving and maintaining public parking;
(c) promoting the business improvement area as a business or
shopping area.
RSA 2000 cM-26 s50;2015 c8 s5
Board
51(1) A business improvement area is governed by a board
consisting of members appointed by council under the business
improvement area bylaw.
RSA 2000
Section 52 Chapter M-26
MUNICIPAL GOVERNMENT ACT
59
(2) The board is a corporation.
RSA 2000 cM-26 s51;2015 c8 s6
Civil liability of board members
52(1) In this section, “approved budget” means a budget of the
board of a business improvement area that has been approved by
council.
(2) A member of a board of a business improvement area that
makes an expenditure that is not included in an approved budget is
liable to the municipality for the expenditure.
(3) If more than one member is liable to the municipality under
this section in respect of a particular expenditure, the members are
jointly and severally liable to the municipality for the expenditure.
(4) The liability may be enforced by action by
(a) the municipality, or
(b) a person who is liable to pay the business improvement
area tax imposed in the business improvement area.
RSA 2000 cM-26 s52;2015 c8 s6
Regulations
53 The Minister may make regulations
(a) respecting the establishment of a business improvement
area;
(b) setting out what must be included in a business
improvement area bylaw;
(c) respecting the appointment, term and renewal of members
of the board of a business improvement area;
(d) respecting the powers and duties of the board and the
board’s annual budget;
(e) respecting the disestablishment of a business
improvement area and the dissolution of a board;
(f) that operate despite Part 8, authorizing a municipality to
lend money to a board and to borrow money on behalf of
a board;
(g) establishing restrictions on the municipality providing
money to the board.
RSA 2000 cM-26 s53;2015 c8 s7
RSA 2000
Section 54 Chapter M-26
MUNICIPAL GOVERNMENT ACT
60
Division 6
Miscellaneous Powers
Providing services in other areas
54(1) A municipality may provide outside its municipal
boundaries any service or thing that it provides within its municipal
boundaries
(a) in another municipality, but only with the agreement of
the other municipality, and
(b) in any other location within or adjoining Alberta, but only
with the agreement of the authority whose jurisdiction
includes the provision of the service or thing at that
location.
(2) Without limiting the generality of subsection (1)(b), a
municipality may enter into an agreement respecting services with
an Indian band or a Metis settlement.
RSA 2000 cM-26 s54;2016 c24 s9;2017 c13 s2(3)
Sharing taxes and grants
55(1) A municipality may enter into an agreement with
(a) another municipality, or
(b) a collecting board as defined in section 179 of the School
Act,
to share grants paid under section 366 or taxes.
(2) The agreement must include a means to settle disputes arising
from the agreement.
RSA 2000 cM-26 s55;2016 c24 s10
Civic holidays
56(1) A council may declare up to 2 days in a year as civic
holidays.
(2) The minimum length of a civic holiday is a half day.
1994 cM-26.1 s56
Census
57 A council may conduct a census.
1994 cM-26.1 s57
Road names
58(1) A municipality may name roads or areas within its
boundaries and may assign a number or other means of
identification to buildings or parcels of land.
RSA 2000
Section 59 Chapter M-26
MUNICIPAL GOVERNMENT ACT
61
(2) A municipality may require an owner or occupant of a building
or a parcel of land to display the identification in a certain manner.
1994 cM-26.1 s58
Hamlets
59(1) The council of a municipal district or specialized
municipality may designate an unincorporated community
described in subsection (2) that is within its boundaries to be a
hamlet.
(2) An unincorporated community may be designated a hamlet if
the community
(a) consists of 5 or more buildings used as dwellings, a
majority of which are on parcels of land smaller than 1850
square metres,
(b) has a generally accepted boundary and name, and
(c) contains parcels of land that are used for non-residential
purposes.
(3) The designation of a hamlet must specify the hamlet’s name
and boundaries.
1994 cM-26.1 s59;1995 c24 s8
Water bodies
60(1) Subject to any other enactment, a municipality has the
direction, control and management of the bodies of water within
the municipality, including the air space above and the ground
below.
(2) Nothing in this section gives a municipality the direction,
control and management of mines and minerals.
RSA 2000 cM-26 s60;2016 c24 s11
Granting rights over property
61(1) A municipality may grant rights, exclusive or otherwise,
with respect to its property, including property under the direction,
control and management of the municipality.
(2) A municipality may charge fees, tolls and charges for the use
of its property, including property under the direction, control and
management of the municipality.
1994 cM-26.1 s61
Acquiring land for roads
62(1) In this section, “owner” includes
(a) in the case of land that is being acquired under an
agreement for sale, the owner of the fee simple estate in
RSA 2000
Section 62.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
62
the land and the purchaser under the agreement for sale
who has registered the interest against the certificate of
title for the land;
(b) in the case of land that is subject to a lease for which a
certificate of title has been issued, the owner of the fee
simple estate in the land and the lessee under that lease.
(2) When a municipality makes an agreement with the owner of
land to acquire the land for the purpose of a road, culvert, ditch or
drain, title to the land is vested in the city, or in the case of any
other municipality, the Crown in right of Alberta, by filing with the
Registrar of Land Titles
(a) plans of survey showing the land to be acquired, and
(b) a certificate of a designated officer stating that
(i) an agreement has been reached with the owner of the
land to be acquired and the price to be paid,
(ii) all persons registered on certificates of title that have
an interest in land that is within 40 metres of the
boundary of the land to be acquired as shown on the
plans of survey have been notified by registered mail,
and
(iii) the person signing the certificate is a designated
officer.
(3) When the title to land vests under subsection (2), it is not
necessary to register a transfer for that land.
(4) A municipality is not entitled to mines and minerals in any land
vested in it pursuant to this section and the title to any mines or
minerals is not affected by the filing of any plan of survey pursuant
to this section.
1994 cM-26.1 s62
Division 7
Revision and Consolidation of Bylaws
Definitions
62.1 In this Division, “revised bylaw” means a bylaw that has
been revised under section 63.
2017 c13 s1(5)
Revising bylaws
63(1) A council of a municipality may, by bylaw, revise any of its
bylaws or any one or more provisions of them in accordance with
this section.
RSA 2000
Section 63 Chapter M-26
MUNICIPAL GOVERNMENT ACT
63
(2) A bylaw under this section may
(a) omit and provide for the repeal of a bylaw or a provision
of a bylaw that is inoperative, obsolete, expired, spent or
otherwise ineffective;
(b) omit, without providing for its repeal, a bylaw or a
provision of a bylaw that is of a transitional nature or that
refers only to a particular place, person or thing or that has
no general application throughout the municipality;
(c) combine 2 or more bylaws into one bylaw, divide a bylaw
into 2 or more bylaws, move provisions from one bylaw
to another and create a bylaw from provisions of one or
more other bylaws;
(d) alter the citation and title of a bylaw and the numbering
and arrangement of its provisions, and add, change or
omit a note, heading, title, marginal note, diagram or
example to a bylaw;
(e) omit the preamble and long title of a bylaw;
(f) omit forms or other material contained in a bylaw that can
more conveniently be contained in a resolution, and add
authority for the forms or other material to be prescribed
by resolution;
(g) make changes, without materially affecting the bylaw in
principle or substance,
(i) to correct clerical, technical, grammatical or
typographical errors in a bylaw,
(ii) to bring out more clearly what is considered to be the
meaning of a bylaw, or
(iii) to improve the expression of the law.
(3) The title of a revised bylaw must include the words “revised
bylaw”.
(4) A bylaw under this section must not be given first reading until
after the chief administrative officer has certified in writing that the
proposed revisions were prepared in accordance with this section.
RSA 2000 cM-26 s63;2017 c13 s1(5)
64 Repealed 2017 c13 s1(6).
RSA 2000
Section 65 Chapter M-26
MUNICIPAL GOVERNMENT ACT
64
Requirements relating to revised bylaws
65 A bylaw made in accordance with section 63 and the resulting
revised bylaw are deemed to have been made in accordance with
all the other requirements of this Act respecting the passing and
approval of those bylaws, including any requirements for
advertising and public hearings.
RSA 2000 cM-26 s65;2017 c13 s1(7)
Effects of revised bylaws
66(1) The provisions of a revised bylaw that replace provisions of
a previous bylaw, when they have the same effect, operate
retrospectively as well as prospectively and are deemed to come
into force on the days on which the corresponding previous bylaws
came into force.
(2) If the provisions of the revised bylaws do not have the same
effect,
(a) the provisions of the revised bylaws prevail with respect
to all transactions, matters and things occurring on or after
the day the revised bylaws come into force, and
(b) the provisions of the previous bylaws prevail with respect
to all earlier transactions, matters and things.
RSA 2000 cM-26 s66;2017 c13 s1(8)
References to repealed bylaws
67 A reference in a bylaw, enactment or document to a bylaw that
has been revised under section 63 or to a provision of a bylaw that
has been revised under section 63 is, in respect of any transaction,
matter or thing occurring after the revised bylaw or provision, as
the case may be, comes into force, to be considered as a reference
to the revised bylaw or provision.
RSA 2000 cM-26 s67;2017 c13 s1(9)
68 Repealed 2017 c13 s1(10).
Consolidation of bylaws
69(1) A council may by bylaw authorize a designated officer to
consolidate one or more of the bylaws of the municipality.
(2) In consolidating a bylaw, the designated officer must
(a) incorporate all amendments to it into one bylaw, and
(b) omit any provision that has been repealed or that has
expired.
(3) A printed document purporting
RSA 2000
Section 70 Chapter M-26
MUNICIPAL GOVERNMENT ACT
65
(a) to be a copy of a bylaw consolidated under this section,
and
(b) to be printed under the authority of a designated officer,
is proof, in the absence of evidence to the contrary, of the original
bylaw, of all bylaws amending it, and of the fact of the passage of
the original and all amending bylaws.
1994 cM-26.1 s69
Division 8
Limits on Municipal Powers
Disposal of land
70(1) If a municipality proposes to transfer or grant an estate or
interest in
(a) land for less than its market value, or
(b) a public park or recreation or exhibition grounds,
the proposal must be advertised.
(2) The proposal does not have to be advertised if the estate or
interest is
(a) to be used for the purposes of supplying a public utility,
(b) transferred or granted under Division 8 of Part 10 before
the period of redemption under that Division, or
(c) to be used by a non-profit organization as defined in
section 241(f).
1994 cM-26.1 s70;1995 c24 s9
Mines and minerals
71 No municipality may acquire an estate or interest in mines or
minerals without the approval of the Lieutenant Governor in
Council.
1994 cM-26.1 s71;1996 c30 s3
Acquisition of land outside municipal boundaries
72(1) A municipality may acquire an estate or interest in land
outside its boundaries only if
(a) the council of the municipal authority in whose
boundaries the land is located consents in writing to the
acquisition or, in the case of a municipal authority that is
an improvement district or special area, the Minister
consents in writing to the acquisition,
RSA 2000
Section 73 Chapter M-26
MUNICIPAL GOVERNMENT ACT
66
(a.1) in the case of land located in a province or territory
adjoining Alberta, the local government within whose
boundaries the land is located consents in writing to the
acquisition, and
(b) after the written consent is given, the council that wishes
to acquire the estate or interest in the land authorizes the
acquisition.
(2) This section does not apply when a municipality acquires
(a) an option on land outside its boundaries, but it does apply
when the municipality exercises the option, or
(b) an estate or interest in mines and minerals.
1994 cM-26.1 s72;1996 c30 s4;1999 c11 s5
Control of profit corporations
73(1) In this section, “corporation” means a corporation that
operates for the purpose of making a profit.
(2) No municipality may, by itself or with other municipalities,
control a corporation except in accordance with the regulations.
(3) The Minister may make regulations
(a) respecting information that must be provided to the
Minister before a municipality or group of municipalities
controls a corporation;
(b) providing that certain corporations may not be controlled
by a municipality or group of municipalities unless the
Minister’s approval is obtained;
(c) respecting terms and conditions that apply when a
municipality or group of municipalities controls a
corporation;
(d) specifying or describing by reference the provisions of
this or any other enactment that do not apply, or apply
with modifications, to a corporation controlled by a
municipality;
(e) specifying or describing by reference any provisions that
are to be added to or that are to replace the provisions of
this or any other enactment in respect of a corporation
controlled by a municipality.
(4) The regulations may apply to one corporation or one approval
or may be general.
RSA 2000 cM-26 s73;2015 c8 s8
RSA 2000
Section 74 Chapter M-26
MUNICIPAL GOVERNMENT ACT
67
Firearms
74 A bylaw of a municipal district prohibiting in all or a part of
the municipal district the shooting or use of a firearm or other
device that propels a projectile does not come into force until the
bylaw has been approved by the Minister responsible for the
Wildlife Act.
1994 cM-26.1 s74;1995 c24 s10
Forest and Prairie Protection Act
75(1) In this section, “forest protection area” means a forest
protection area designated under the Forest and Prairie Protection
Act.
(2) The council of a municipal district may not pass a bylaw
respecting fires that applies to the part of the municipal district in a
forest protection area.
(3) Despite subsection (2), the council may pass a bylaw
respecting fires, other than forest or running fires, that applies to
the part of a hamlet that is within a forest protection area.
(4) Repealed 2016 c22 s26.
RSA 2000 cM-26 s75;2016 c22 s26
Part 4
Formation, Fundamental Changes
and Dissolution
Division 1
General Criteria
Principles, standards and criteria
76(1) The Minister may establish and publish principles, standards
and criteria that are to be taken into account in considering the
formation, change of status or dissolution of municipalities and the
amalgamation of or annexation of land from municipal authorities.
(2) The Regulations Act does not apply to the principles, standards
and criteria.
1994 cM-26.1 s76
Division 2
Formation
Types of municipality that may be formed
77 The following types of municipality may be formed under this
Part:
(a) municipal district;
RSA 2000
Section 78 Chapter M-26
MUNICIPAL GOVERNMENT ACT
68
(b) repealed 1995 c24 s11;
(c) village;
(d) town;
(e) city;
(f) specialized municipality.
1994 cM-26.1 s77;1995 c24 s11
Municipal district
78 A municipal district may be formed for an area in which
(a) a majority of the buildings used as dwellings are on
parcels of land with an area of at least 1850 square metres,
and
(b) there is a population of 1000 or more.
1994 cM-26.1 s78
79 Repealed 1995 c24 s12.
Village
80 A village may be formed for an area in which
(a) a majority of the buildings are on parcels of land smaller
than 1850 square metres, and
(b) there is a population of 300 or more.
1994 cM-26.1 s80
Town
81 A town may be formed for an area in which
(a) a majority of the buildings are on parcels of land smaller
than 1850 square metres, and
(b) there is a population of 1000 or more.
1994 cM-26.1 s81
City
82 A city may be formed for an area in which
(a) a majority of the buildings are on parcels of land smaller
than 1850 square metres, and
(b) there is a population of 10 000 or more.
1994 cM-26.1 s82
Specialized municipality
83 A specialized municipality may be formed for an area
RSA 2000
Section 84 Chapter M-26
MUNICIPAL GOVERNMENT ACT
69
(a) in which the Minister is satisfied that a type of
municipality referred to in section 77(a), (b), (c), (d) or (e)
does not meet the needs of the residents of the proposed
municipality,
(b) to provide for a form of local government that, in the
opinion of the Minister, will provide for the orderly
development of the municipality to a type of municipality
referred to in section 77(a), (b), (c), (d) or (e), or to
another form of specialized municipality, or
(c) in which the Minister is satisfied for any other reason that
it is appropriate in the circumstances to form a specialized
municipality.
1994 cM-26.1 s83
Modification of requirements
84 The Minister may by order, in a particular case, make minor
modifications to the requirements in sections 78 to 83 if the
Minister considers there is justifiable reason for doing so.
1994 cM-26.1 s84
Initiating formation
85(1) A municipality may be formed on the Minister’s initiative or
if
(a) the Minister receives a request to form the municipality
from a council of a municipality or an improvement
district, or
(b) the Minister receives a sufficient petition requesting the
formation of the municipality from electors within the
boundaries of the proposed municipality numbering at
least 30% of the population within the boundaries of the
proposed municipality.
(2) A request or petition referred to in subsection (1) must specify
the boundaries of the proposed municipality.
1994 cM-26.1 s85;1995 c24 s13
Factors to be considered
86 Before a municipality is formed, the Minister must consider
(a) the principles, standards and criteria on formation
established under section 76,
(b) the viability, including the financial viability, of
(i) the proposed municipality operating as a separate
entity, and
RSA 2000
Section 87 Chapter M-26
MUNICIPAL GOVERNMENT ACT
70
(ii) any remaining municipality continuing to operate as
a separate entity,
and
(c) any agreements on common boundaries.
1994 cM-26.1 s86
Public input
87(1) Before a municipality is formed, the Minister
(a) must invite comments on the proposed municipality from
all local authorities that the Minister considers would be
affected by the formation of the proposed municipality
and from any other person the Minister considers
necessary,
(b) must invite comments on the proposed municipality from
the public,
(c) may conduct one or more meetings of the public to
discuss the probable effects of the formation, and
(d) may hold a vote of those people who would be electors of
the proposed municipality.
(2) If the Minister holds a vote, the vote must be conducted in
accordance with the Local Authorities Election Act as modified by
directions given by the Minister.
1994 cM-26.1 s87
Formation order
88 The Lieutenant Governor in Council, on the recommendation
of the Minister, may by order form a municipality.
1994 cM-26.1 s88
Contents of order
89(1) A formation order must
(a) describe the boundaries of the municipality formed by the
order,
(b) give the municipality the status of municipal district,
village, town, city or specialized municipality, and
(c) give the municipality an official name.
(2) If a municipal district is formed, the order
(a) must state the number of councillors that is to comprise its
council,
RSA 2000
Section 89 Chapter M-26
MUNICIPAL GOVERNMENT ACT
71
(b) must establish wards for it and describe their boundaries,
(c) may specify or describe by reference, the provisions of
this or other enactments that do not apply to the municipal
district, or that apply with or without modification, and
(d) may specify or describe by reference, any provisions that
are to be added to or replace the provisions of this or other
enactments.
(3) If a specialized municipality is formed, the order must state the
number of councillors that is to comprise its council and apply
either section 150(1) or (2) to the municipality and may
(a) establish wards for it and describe their boundaries;
(b) specify or describe by reference, the provisions of this or
other enactments that do not apply to the specialized
municipality, or that apply with or without modification;
(c) specify or describe by reference, any provisions that are to
be added to or replace the provisions of this or other
enactments;
(d) prescribe matters or conditions that govern the functions,
powers and duties of the specialized municipality;
(e) if a specialized municipality is formed all or partly from
an improvement district, provide that Part 15 continues to
apply to the specialized municipality as if it were an
improvement district.
(4) If the order provides that Part 15 continues to apply to a
specialized municipality under subsection (3)(e), the Minister may
at any time in respect of the specialized municipality
(a) exercise any of the powers that the Minister has in respect
of an improvement district under Part 15 or any other
enactment, including the power to delegate;
(b) limit the power, authority or jurisdiction of the specialized
municipality;
(c) prescribe how or the conditions under which the
specialized municipality may exercise any power or
authority;
(d) require the specialized municipality to exercise or perform
a power, right or duty of a municipality;
RSA 2000
Section 89.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
72
(e) authorize the council to pass some or all of the bylaws that
the council of a municipal district may pass, subject to any
conditions the Minister imposes.
(5) If a municipality is formed from an improvement district, the
order may dissolve the improvement district.
1994 cM-26.1 s89;1995 c24 s14
Summer village
89.1 The fact that a summer village may not be formed under this
Act does not affect any existing summer village, and this Act
continues to apply to summer villages.
1995 c24 s15
Official administrator
90 When a municipality is formed and there is no council, the
Minister may appoint an official administrator who has all the
powers and duties of a council of the municipality until the first
council of the municipality is sworn into office.
1994 cM-26.1 s90
Division 3
Change of Status
Meaning of change of status
91 A reference to changing the status of a municipality in this
Part means changing a municipal district, summer village, village,
town, city or specialized municipality to another type of
municipality within that group.
1994 cM-26.1 s91
Summer village
91.1 The status of a municipality may not be changed to the
status of a summer village.
1995 c24 s16
Application of formation rules
92 The requirements in sections 78 to 83 respecting the formation
of municipalities apply to changing the status of municipalities.
1994 cM-26.1 s92
Initiation of change of status
93 The status of a municipality may be changed if
(a) the Minister receives a request from the municipality’s
council,
(b) the Minister receives a sufficient petition from the
majority of the electors in the municipality requesting the
change in status, or
RSA 2000
Section 94 Chapter M-26
MUNICIPAL GOVERNMENT ACT
73
(c) the Minister is satisfied that the municipality no longer
meets the requirements in sections 78 to 82 or, in the case
of a specialized municipality, that the reasons for its
original formation as a specialized municipality no longer
exist.
1994 cM-26.1 s93
Public input
94 Before the status of a municipality is changed, the Minister
(a) must notify the council of the municipality of the
proposed change,
(b) may invite comments on the proposed change of status
from all local authorities that the Minister considers
would be affected by the change and from any other
person the Minister considers necessary,
(c) may invite comments on the proposed change of status
from the public, and
(d) may conduct one or more meetings of the public to
discuss the probable effects of the change of status.
1994 cM-26.1 s94
Consideration of principles
95 Before the status of a municipality is changed, the Minister
must consider the principles, standards and criteria on change of
status established under section 76.
1994 cM-26.1 s95
Change of status order
96 The Lieutenant Governor in Council, on the recommendation
of the Minister, may by order change the status of a municipality.
1994 cM-26.1 s96
Contents of order
97(1) An order changing the status of a municipality to a
municipal district must include the provisions referred to in section
89(2).
(2) An order changing the status of a municipality to a specialized
municipality must state the number of councillors that is to
comprise its council and apply either section 150(1) or (2) to the
municipality and may deal with any of the other matters referred to
in section 89(3) and (4).
1994 cM-26.1 s97
97.1 Repealed 1999 c26 s14.
RSA 2000
Section 97.2 Chapter M-26
MUNICIPAL GOVERNMENT ACT
74
Effect of change of status
97.2(1) When the status of a municipality is changed,
(a) each councillor of the old municipality continues as a
councillor of the new municipality until a successor is
sworn into office;
(b) each officer and employee of the old municipality
continues as an officer or employee of the new
municipality with the same rights and duties until the
council of the new municipality otherwise directs;
(c) all bylaws and resolutions of the old municipality that the
new municipality has the authority to pass are continued
as the bylaws and resolutions of the new municipality;
(d) all taxes due to the old municipality are deemed to be
arrears of taxes due to the new municipality and may be
collected and dealt with by the new municipality as if it
had imposed the taxes;
(e) all rights of action and actions by or against the old
municipality may be continued or maintained by or
against the new municipality;
(f) all property vested in the old municipality becomes vested
in the new municipality and may be dealt with by the new
municipality in its own name subject to any trusts or other
conditions applicable to the property;
(g) all other assets, liabilities, rights, duties, functions and
obligations of the old municipality become vested in the
new municipality, and the new municipality may deal
with them in its own name.
(2) Subsection (1) is subject to the order changing the status of the
municipality.
1995 c24 s17
Division 4
Change of Name
Change of name order
98 The Lieutenant Governor in Council, on the request of a
municipality’s council and on the recommendation of the Minister,
may change the name of the municipality.
1994 cM-26.1 s98
Effect of change of name
99(1) The change of a municipality’s name does not affect any
obligation, right, action or property of the municipality.
RSA 2000
Section 100 Chapter M-26
MUNICIPAL GOVERNMENT ACT
75
(2) The use of the old name of the municipality in any
proceedings, agreements, notices or documents after the name has
been changed does not affect the validity of those proceedings,
agreements, notices or documents.
1994 cM-26.1 s99
Division 5
Amalgamation
Application
100 This Division does not apply to the amalgamation of
(a) an improvement district with another improvement
district, or
(b) a special area with another special area.
1994 cM-26.1 s100
Restriction on amalgamation
101(1) Subject to subsection (2), no order amalgamating
municipal authorities may be made that would result in an area of
land that is
(a) not included in any municipal authority, or
(b) part of the amalgamated municipal authority, but is not
contiguous with other land in the amalgamated municipal
authority.
(2) An order may amalgamate 2 or more summer villages whose
boundaries are not contiguous but border on or include all or part
of the same body of water.
(3) Despite section 77, an order may amalgamate 2 or more
summer villages if it gives the amalgamated municipal authority
the status of a summer village.
(4) Where an order gives an amalgamated municipal authority the
status of a summer village as required by subsection (3), the status
of the summer village may be changed in accordance with Division
3.
RSA 2000 cM-26 s101;2015 c8 s9
Initiation of amalgamation proceedings
102 The procedure for the amalgamation of 2 or more municipal
authorities may be initiated
(a) by a municipal authority,
(b) by 2 or more municipal authorities in accordance with the
regulations made under section 106.1, or
RSA 2000
Section 103 Chapter M-26
MUNICIPAL GOVERNMENT ACT
76
(c) by the Minister under section 107.
RSA 2000 cM-26 s102;2015 c8 s10
Initiation by municipal authority
103(1) A municipal authority initiates an amalgamation by giving
written notice of the proposed amalgamation to
(a) the one or more municipal authorities with which it
proposes to amalgamate,
(b) the Minister, and
(c) all local authorities having jurisdiction to operate or
provide services in the initiating municipal authority or in
any of the municipal authorities with which it proposes to
amalgamate.
(2) If an amalgamation proposed by an initiating municipal
authority would result in an area of land that is within the perimeter
of the boundary of the amalgamated municipal authority, but is not
part of the amalgamated municipal authority, the initiating
municipal authority must give notice of its intention to annex that
land when it gives notice of the proposed amalgamation.
(3) Subsection (2) does not apply if the area of land within the
perimeter of the boundary of the proposed amalgamated municipal
authority is the area of an existing municipal authority.
(4) The notice for an amalgamation must
(a) include the names of all the municipal authorities that are
to be amalgamated and the reasons for the proposed
amalgamation, and
(b) include proposals for consulting with all local authorities
referred to in subsection (1)(c) and the public about the
proposed amalgamation.
RSA 2000 cM-26 s103;2017 c13 s1(11)
Direct negotiations
104(1) The municipal authorities with which the initiating
municipal authority proposes to amalgamate must, on receipt of the
notice under section 103, meet with the initiating municipal
authority to discuss the proposals included in the notice and
negotiate the proposals in good faith.
(2) The initiating municipal authority must keep the Minister
informed of the progress of the negotiations.
1994 cM-26.1 s104
RSA 2000
Section 105 Chapter M-26
MUNICIPAL GOVERNMENT ACT
77
Report on negotiations
105(1) On conclusion of the negotiations, the initiating municipal
authority must prepare a report that describes the results of the
negotiations and that includes
(a) a list of the relevant matters, including those referred to in
sections 89(1), (2), (3) and (4) and 111, that are agreed on
and a list of any of those matters on which there is no
agreement between the municipal authorities,
(b) a description of the public consultation processes involved
in the negotiations, and
(c) a summary of the views expressed during the public
consultation processes.
(2) The report must
(a) include a certificate by the initiating municipal authority
stating that the report accurately reflects the results of the
negotiations, and
(b) be approved by resolution of the council of the initiating
municipal authority and by resolution of the councils of
the other municipal authorities that agree to the
amalgamation.
(3) A municipal authority whose council does not pass a resolution
approving the report may include in the report its reasons for not
approving.
RSA 2000 cM-26 s105;2015 c8 s11
Disposition of report
106(1) On completion of the report on the direct negotiations, the
initiating municipal authority must submit the report to the Minister
and send a copy of it to the municipal authorities with which it
proposes to amalgamate and any other local authority the initiating
municipal authority considers would be affected.
(2) If the initiating municipal authority indicates in the report that
it wishes to proceed with the amalgamation, the report becomes the
initiating municipal authority’s application for the amalgamation.
1994 cM-26.1 s106
Regulations
106.1(1) The Minister may make regulations for the purpose of
enabling municipalities to jointly initiate an amalgamation,
including, without limitation, regulations
(a) specifying or describing by reference one or more
provisions of this Division that do not apply, or that apply
RSA 2000
Section 107 Chapter M-26
MUNICIPAL GOVERNMENT ACT
78
with modifications, to the joint initiation of
amalgamations;
(b) specifying or setting out provisions that apply in addition
to, or instead of, the provisions of this Division in respect
of the joint initiation of amalgamations;
(c) respecting procedures for the joint initiation of
amalgamations.
(2) Regulations under this section may be made to apply generally
or specifically.
2015 c8 s12
Initiation by Minister
107 The Minister may initiate an amalgamation of 2 or more
municipal authorities if the Minister believes that the operation of
the municipal authority to be formed by the amalgamation will be
more effective or efficient than the municipal authorities to be
amalgamated.
1994 cM-26.1 s107
Notice by Minister
108 When the Minister initiates an amalgamation, the Minister
(a) must give written notice of it to the municipal authorities
proposed to be amalgamated and any local authority that
the Minister considers would be affected by the proposed
amalgamation,
(b) may invite comments on the proposed amalgamation from
all local authorities that the Minister considers would be
affected by the amalgamation and from any other person
the Minister considers necessary,
(c) may invite comments on the proposed amalgamation from
the public, and
(d) may conduct one or more meetings of the public to
discuss the probable effects of the proposed
amalgamation.
1994 cM-26.1 s108
Consideration of principles
109 Before municipal authorities are amalgamated, the Minister
must consider the principles, standards and criteria on
amalgamation established under section 76.
1994 cM-26.1 s109
RSA 2000
Section 110 Chapter M-26
MUNICIPAL GOVERNMENT ACT
79
Amalgamation order
110 The Lieutenant Governor in Council, on the recommendation
of the Minister, may by order amalgamate municipal authorities to
form a new municipality.
1994 cM-26.1 s110
Contents of order
111 An order to amalgamate municipal authorities may
(a) dissolve one or more of the councils of the municipal
authorities that are amalgamated,
(b) provide for an interim council,
(c) require a municipal authority to pay compensation to
another municipal authority set out in the order or by
means determined in the order, including arbitration under
the Arbitration Act, and
(d) deal with any of the matters referred to in section 89.
1994 cM-26.1 s111
Official administrator
112 When a municipality is formed by amalgamation and there is
no council, the Minister may appoint an official administrator who
has all the powers and duties of a council of the municipality until
the first council of the municipality is sworn into office.
1994 cM-26.1 s112
Division 6
Annexation
Mediation
112.1 In this Division, “mediation” in respect of an annexation
means a process involving a neutral person as mediator who assists
the initiating municipal authority and the one or more municipal
authorities from which the land is to be annexed, and any other
person brought in with the agreement of those municipal
authorities, to reach their own mutually acceptable settlement of
the matter by structuring negotiations, facilitating communication
and identifying the issues and interests of the participants.
1999 c11 s6
Application
113 This Division does not apply to the annexation of land
(a) from an improvement district to another improvement
district, or
(b) from a special area to another special area.
1994 cM-26.1 s113
RSA 2000
Section 114 Chapter M-26
MUNICIPAL GOVERNMENT ACT
80
Restriction on annexation
114 No order that annexes land to a municipal authority may be
made if the land to be annexed is not contiguous with the
boundaries of the municipal authority.
1994 cM-26.1 s114
Annexations of same land
115(1) A municipal authority may not initiate or proceed with
more than one proposed annexation at any one time concerning the
same land.
(2) A municipal authority may not initiate or proceed with a
proposed annexation when the municipal authority is proceeding
with an amalgamation, unless the annexation is of the type referred
to in section 103(2).
1994 cM-26.1 s115
Initiation of annexation
116(1) A municipal authority initiates the annexation of land by
giving written notice of the proposed annexation to
(a) the one or more municipal authorities from which the land
is to be annexed,
(a.1) the Minister,
(b) the Municipal Government Board, and
(c) all local authorities having jurisdiction to operate or
provide services in the initiating municipal authority or in
any of the municipal authorities from which the land is to
be annexed.
(2) The notice for an annexation must
(a) describe the land proposed to be annexed,
(b) set out the reasons for the proposed annexation, and
(c) include proposals for
(i) consulting with the public about the proposed
annexation, and
(ii) meeting with the owners of the land to be annexed,
and keeping them informed about the progress of the
negotiations.
RSA 2000 cM-26 s116;2017 c13 s1(12)
RSA 2000
Section 117 Chapter M-26
MUNICIPAL GOVERNMENT ACT
81
Direct negotiations
117(1) The municipal authorities from which the land is to be
annexed must, on receipt of the notice under section 116, meet with
the initiating municipal authority to discuss the proposals included
in the notice and negotiate the proposals in good faith.
(2) If there are matters on which there is no agreement, the
initiating municipal authority and the one or more municipal
authorities from which the land is to be annexed must, during the
negotiations, attempt to use mediation to resolve those matters.
1994 cM-26.1 s117;1999 c11 s7
Report on negotiations
118(1) On conclusion of the negotiations, the initiating municipal
authority must prepare a report that describes the results of the
negotiations and that includes
(a) a list of the matters agreed on and those on which there is
no agreement between the municipal authorities,
(a.1) if there were matters on which there was no agreement, a
description of the attempts to use mediation and, if
mediation did not occur, the reasons for this,
(b) a description of the public consultation processes involved
in the negotiations, and
(c) a summary of the views expressed during the public
consultation processes.
(2) The report must be signed by the initiating municipal authority
and by the municipal authorities from which the land is to be
annexed that are prepared to sign and must include a certificate by
the initiating municipal authority stating that the report accurately
reflects the results of the negotiations.
(3) A municipal authority that does not sign the report may include
in the report its reasons for not signing.
1994 cM-26.1 s118;1999 c11 s8
Disposition of report
119(1) The initiating municipal authority must submit the
completed report to the Municipal Government Board and send a
copy of it to the municipal authorities from which the land is to be
annexed and any other local authority the initiating municipal
authority considers would be affected.
(2) If the initiating municipal authority indicates in the report that
it wishes to proceed with the annexation, the report becomes the
initiating municipal authority’s application for the annexation.
1994 cM-26.1 s119
RSA 2000
Section 120 Chapter M-26
MUNICIPAL GOVERNMENT ACT
82
General agreement on proposed annexation
120(1) If the initiating municipal authority wishes the annexation
to proceed and the Municipal Government Board is satisfied that
the affected municipal authorities and the public are generally in
agreement with the annexation, the Board must notify the Minister
and all the local authorities that it considers would be affected by
the annexation, and anyone else the Board considers should be
notified, that
(a) there appears to be general agreement with the proposed
annexation, and
(b) unless objections to the annexation are filed with the
Board by a specified date, the Board will make its
recommendation to the Minister without holding a public
hearing.
(2) If no objections are filed with the Board by the specified date,
the Board must
(a) consider the principles, standards and criteria on
annexation established under section 76, and
(b) prepare a written report with its recommendations and
send it to the Minister.
(3) If objections are filed with the Board by the specified date, the
Board
(a) may investigate, analyze and make findings of fact about
the annexation, including the probable effect on local
authorities and on the residents of an area, and
(b) must conduct one or more hearings in respect of the
annexation and allow any affected person to appear before
the Board at a hearing.
1994 cM-26.1 s120
No general agreement on proposed annexation
121 If the initiating municipal authority wishes the annexation to
proceed and the Municipal Government Board is not satisfied that
the affected municipal authorities or the public are in general
agreement with the annexation, the Board
(a) must notify the Minister and all the local authorities that it
considers would be affected by the annexation, and
anyone else the Board considers should be notified, that
there is not general agreement with the proposed
annexation,
RSA 2000
Section 122 Chapter M-26
MUNICIPAL GOVERNMENT ACT
83
(b) may investigate, analyze and make findings of fact about
the annexation, including the probable effect on local
authorities and on the residents of an area, and
(c) must conduct one or more hearings in respect of the
annexation and allow any affected person to appear before
the Board at a hearing.
1994 cM-26.1 s121
Notice of hearing and costs
122(1) The Municipal Government Board must publish a notice of
a hearing under section 120(3) or 121 at least once a week for 2
consecutive weeks in a newspaper or other publication circulating
in the affected area, the 2nd notice being not less than 6 days
before the hearing.
(2) The Municipal Government Board may determine the costs of
and incidental to a hearing and decide by whom and to whom the
costs are to be paid.
(3) Section 502 applies to a decision of the Board relating to costs
under this section.
1994 cM-26.1 s122
Boards report
123 After one or more hearings under section 120(3) or 121 have
been held and after considering the reports and representations
made to it and the principles, standards and criteria on annexation
established under section 76, the Board must prepare a written
report of its findings and recommendations and send it to the
Minister.
1994 cM-26.1 s123
Contents of report
124(1) A report by the Municipal Government Board to the
Minister under this Division must set out
(a) a recommendation on whether land should be annexed to
the initiating municipal authority or other municipal
authority;
(b) if it is recommending annexation, a description of the
land, whether there should be revenue sharing and any
terms, conditions and other things the Board considers
necessary or desirable to implement the annexation.
(2) If the Board does not recommend that land be annexed in its
report, the Board must provide the report to all local authorities that
it considers would be affected by the annexation.
1994 cM-26.1 s124
RSA 2000
Section 125 Chapter M-26
MUNICIPAL GOVERNMENT ACT
84
Annexation order
125 The Lieutenant Governor in Council, after considering the
report of the Board, may by order annex land from a municipal
authority to another municipal authority.
1994 cM-26.1 s125;1996 c30 s5
Annexation order without report
126 Despite sections 116 to 125, the Lieutenant Governor in
Council, on the recommendation of the Minister, may by order
annex land to a municipal authority.
1994 cM-26.1 s126;1996 c30 s6
Contents of order
127(1) An order to annex land to a municipal authority may
(a) require a municipal authority to pay compensation to
another municipal authority in an amount set out in the
order or to be determined by means specified in the order,
including arbitration under the Arbitration Act,
(b) dissolve a municipal authority as a result of the
annexation, and
(c) deal with any of the matters referred to in section 89.
(2) Where under section 664.2 a municipality has paid
compensation to a landowner for conservation reserve that is
subsequently annexed by order to another municipality, the order
must require the municipality to which the land is annexed to pay
compensation to the other municipality in the same amount that
was paid to the landowner.
RSA 2000 cM-26 s127;2016 c24 s13.1;2017 c13 s2(4)
Public utilities
127.1(1) In this section, “utility agreement” means an agreement
approved by the Alberta Utilities Commission in which a
municipality grants a right to a person to provide a public utility in
all or part of the municipality.
(2) An annexation of land does not affect any right under a utility
agreement to provide a public utility on the annexed land unless the
annexation order provides otherwise.
(3) This section does not apply to a right to provide a natural gas
service if the right is subject to section 23 of the Gas Distribution
Act.
RSA 2000 cM-26 s127.1; 2007 cA-37.2 s82(17)
Annexation refused
128 If an application for an annexation of land is refused, the
Minister must notify the initiating municipal authority of the
RSA 2000
Section 128.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
85
refusal and the initiating municipal authority may not make another
annexation application concerning the same land for a period of
one year after it receives notice of the refusal.
1994 cM-26.1 s128
Regulations
128.1 The Minister may make regulations
(a) respecting procedures to be followed under this Division;
(b) defining terms used in this Division but not defined in this
Act.
2015 c8 s13
Division 7
Dissolution
Application
129 This Division does not apply to the dissolution of a
municipality as a result of an annexation.
1994 cM-26.1 s129
Viability review
130(1) The Minister must, before a municipality is dissolved,
(a) undertake a viability review, and
(b) after completing the viability review, hold a vote of the
electors of the municipality on the proposed dissolution.
(2) The Minister may undertake a viability review in respect of a
municipality if
(a) the Minister receives a request for a viability review from
the council of the municipality,
(b) the Minister receives a sufficient petition requesting a
viability review from electors of the municipality
numbering at least 30% of the municipality’s population
or, in the case of a summer village, a sufficient petition
requesting the review from a number of the electors of the
summer village equal to at least 50% of the number of
summer village residences in the summer village, or
(c) the Minister believes a viability review is warranted.
(3) A viability review must be conducted in a manner determined
by the Minister.
(4) If the Minister receives a request in accordance with subsection
(2)(a) or a sufficient petition in accordance with subsection (2)(b)
RSA 2000
Section 130.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
86
and in the Minister’s opinion a process other than a viability review
is more appropriate, the Minister may require that that process be
undertaken instead of undertaking a viability review.
RSA 2000 cM-26 s130;2013 c9 s2;2016 c24 s14
Completion of viability review
130.1 After completing a viability review, the Minister may
(a) by order direct the council or the chief administrative
officer to take any actions, based on the results of the
viability review, that the Minister considers appropriate to
ensure the viability of the municipality, or
(b) hold a vote of the electors of the municipality on whether
the municipality should
(i) be dissolved, or
(ii) not be dissolved, but be required to take any actions,
based on the results of the viability review, that the
Minister considers appropriate to ensure the viability
of the municipality.
2013 c9 s2
Vote
130.2(1) A vote held under section 130.1(b) must be conducted in
accordance with the Local Authorities Election Act as modified by
directions given by the Minister.
(2) If the electors vote that the municipality should be dissolved,
the Minister must recommend to the Lieutenant Governor in
Council that the municipality be dissolved in accordance with
section 133.
(3) If the electors vote that the municipality should not be
dissolved, the Minister must by order direct the council or the chief
administrative officer to take the actions referred to in section
130.1(b)(ii).
2013 c9 s2
Dismissal
130.3 If an order of the Minister under section 130.1(a) or
130.2(3) is not carried out to the satisfaction of the Minister, the
Minister may dismiss the council or any member of it or the chief
administrative officer of the municipality, and section 574(3) to (6)
apply in respect of the dismissal.
2013 c9 s2
131 and 132 Repealed 2013 c9 s3.
RSA 2000
Section 133 Chapter M-26
MUNICIPAL GOVERNMENT ACT
87
Dissolution order
133(1) The Lieutenant Governor in Council, on the
recommendation of the Minister, may by order dissolve a
municipality.
(2) A dissolution order
(a) must direct that all or part of the land in the dissolved
municipality becomes part of another municipal authority,
(b) may deal with any of the matters referred to in section 89,
and
(c) may appoint a liquidator and specify the liquidator’s
powers, duties and functions.
1994 cM-26.1 s133;1995 c24 s19
Tax
134 If the liabilities of the dissolved municipality exceed its
assets, the Lieutenant Governor in Council may authorize the
successor of the dissolved municipality to impose an additional tax
under Part 10 on property located in the area of the dissolved
municipality to pay for those excess liabilities.
1994 cM-26.1 s134;1998 c24 s5
Transitional
134.1(1) In this section, “amending Act” means the Municipal
Government Amendment Act, 2013.
(2) A dissolution study that was commenced, but not completed,
before the coming into force of the amending Act may, as
determined by the Minister, be continued
(a) as a dissolution study under and in conformity with this
Act as it read before the coming into force of the
amending Act, or
(b) as a viability review under and in conformity with this Act
as it reads after the coming into force of the amending
Act.
2013 c9 s4
Division 8
General Provisions
Effect of certain orders
135(1) When an order under this Part has the effect of including or
placing an area of land that was in one municipal authority, called
in this section the “old municipal authority”, in another municipal
authority, called in this section the “new municipal authority”, as a
result of an annexation or the formation, amalgamation or
RSA 2000
Section 135 Chapter M-26
MUNICIPAL GOVERNMENT ACT
88
dissolution of a municipal authority, then, unless the order provides
otherwise,
(a) the new municipal authority becomes the successor of the
old municipal authority with respect to that area of land
and the old municipal authority ceases to have any
jurisdiction with respect to that area of land,
(a.1) all taxes due to the old municipal authority are deemed to
be arrears of taxes due to the new municipal authority and
may be collected and dealt with by the new municipal
authority as if it had imposed the taxes,
(a.2) all rights of action and actions by or against the old
municipal authority that relate to that area of land become
rights of action and actions by or against the new
municipal authority and cease to be rights of action and
actions by or against the old municipal authority,
(b) all the assets, liabilities, rights, duties, functions and
obligations of the old municipal authority that relate to
that area of land automatically pass to the new municipal
authority and cease to be those of the old municipal
authority,
(c) in the case of an amalgamation or an annexation, if at the
time of the notice under section 103 or 116 any land or
any portion of it is designated or required to be provided
as a public utility lot, environmental reserve, conservation
reserve, municipal reserve or municipal and school
reserve under Part 17 or a former Act as defined in Part
17, on the amalgamation or annexation taking effect the
ownership of the land becomes vested in the new
municipal authority in place of the old municipal
authority, and
(d) bylaws and resolutions of the old municipal authority that
apply specifically to the area of land continue to apply to
it until repealed or others are made in their place by the
new municipal authority.
(2) If the land referred to in subsection (1)(c) is sold or money
instead of land is received by the old municipal authority after a
notice of amalgamation under section 103 or a notice of annexation
under section 116 is received, the proceeds of the sale or the money
received must be paid to the new municipal authority.
(3) The new municipal authority may only use the proceeds of the
sale or the money received for purposes for which the old
municipal authority could have used it.
RSA 2000
Section 136 Chapter M-26
MUNICIPAL GOVERNMENT ACT
89
(4) The Lieutenant Governor in Council may
(a) authorize the council of the new municipal authority to
impose an additional tax under Part 10 on the area of land
to meet obligations under a borrowing made by the old
municipal authority in respect of that area of land, or
(b) make any provision necessary to protect any rights that
any person has in relation to the area of land.
(4.1) The Minister may direct the transfer of assets and liabilities
from one municipal authority to another.
(5) This section does not abrogate or affect agreements described
in section 30 or 45.
RSA 2000 cM-26 s135;2017 c13 s1(13)
Power to effectuate transfer of land and other property
136 Where an order under this Division requires the ownership of
land or other property to be transferred to a municipal authority, the
Minister may do whatever is necessary to give effect to section
135(1) or a direction under section 135(4.1).
1994 cM-26.1 s136
Transitional and other matters
137(1) An order of formation, change of status, amalgamation,
annexation or dissolution may, in respect of any municipal
authority affected by the order, contain provisions dealing with the
following:
(a) assessment and taxation;
(b) property;
(c) employees;
(d) any matter required to properly effect or deal with the
formation, change of status, amalgamation, annexation or
dissolution, whether transitional or otherwise;
(e) the application, addition, change or substitution of this or
another enactment to give effect to the order.
(2) The provisions referred to in subsection (1) may deal with
rights, obligations, liabilities, assets and any other thing that the
Lieutenant Governor in Council considers is appropriate to be dealt
with in the order and may operate despite a collective agreement.
(3) The Lieutenant Governor in Council may amend or repeal a
provision referred to in subsection (1) that is contained in an order
of formation, change of status, amalgamation, annexation or
RSA 2000
Section 138 Chapter M-26
MUNICIPAL GOVERNMENT ACT
90
dissolution without having to comply with the requirements for
passing the original order.
1994 cM-26.1 s137
Retroactivity of orders
138(1) An order of the Lieutenant Governor in Council under this
Part may provide
(a) for the retroactive application of the order or any of its
provisions, and
(b) that the order or any of its provisions come into force on
different dates.
(2) An order or any of its provisions may only be made retroactive
to a date in the year immediately before the calendar year in which
the order is made.
(3) Any error in any order made under this Part may be corrected
by subsequent order, and the correcting order may be made
effective as of the date of the original order or on some other later
date that is specified in the order.
1994 cM-26.1 s138
Orders published
139(1) An order of the Lieutenant Governor in Council or the
Minister made under this Part must be published in The Alberta
Gazette.
(2) Publication of an order of the Lieutenant Governor in Council
or the Minister made under this Part is conclusive proof of the
fulfilment of any conditions precedent to the order.
1994 cM-26.1 s139
Regulations Act
140 The Regulations Act does not apply to an order of the
Lieutenant Governor in Council or the Minister made under this
Part.
1994 cM-26.1 s140
Location of boundaries
141(1) In this section,
(a) “survey” means a survey made under the Surveys Act or
the Canada Lands Surveys Act (Canada);
(b) “surveyed land” means land that has been surveyed under
the Surveys Act or the Canada Lands Surveys Act
(Canada).
RSA 2000
Section 141.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
91
(2) Where the boundary of a municipality is described by reference
to the boundary of a township or section of surveyed land along
which a road allowance runs, the boundary is the side of the road
allowance on which monuments or posts are placed under a survey,
except in the case of correction lines or where the description
otherwise specifies.
(3) In the case of correction lines, the boundary is the south side of
the road allowance.
(4) Where a road is the boundary of a municipality and land is
acquired to widen the road, the land acquired automatically falls
within that boundary.
(5) A road allowance between an Indian reserve and a municipality
is in the municipality despite anything to the contrary in this
section.
(6) Where a boundary of a municipality is described by reference
to a river, the boundary is the right bank of the river facing
downstream unless the description otherwise specifies.
1994 cM-26.1 s141
Part 4.1
City Charters
Interpretation
141.1(1) In this Part,
(a) “charter”, except in sections 141.3 and 141.4, includes an
amendment to a charter;
(b) “charter city” means a city for which a charter is
established under section 141.3.
(2) In this Part, a reference to “this Act” includes a regulation
made under this Act.
2015 c8 s14
Purpose of Part
141.2 The purpose of this Part is to authorize the establishment of
charters to address the evolving needs, responsibilities and
capabilities of cities in a manner that best meets the needs of their
communities.
2015 c8 s14
Establishment of charter
141.3 On request by a city, the Lieutenant Governor in Council
may, by regulation, establish a charter for that city.
2015 c8 s14
RSA 2000
Section 141.4 Chapter M-26
MUNICIPAL GOVERNMENT ACT
92
Proposed charter must be published on website
141.4 Before a charter is established or amended, the Minister
must ensure the proposed charter or amendment is published on the
Minister’s department’s website for at least 60 days.
2015 c8 s14
Elements of charter
141.5(1) Subject to this Part, a charter governs all matters related
to the administration and governance of the charter city, including,
without limitation, the powers, duties and functions of the charter
city and any other matter that the Lieutenant Governor in Council
considers desirable.
(2) In subsection (3), a reference to “this Act” does not include this
Part or Part 15.1 or 17.1.
(3) A charter may do one or more of the following:
(a) provide that a provision of this Act or any other enactment
does not apply to the charter city or applies to the charter
city with the modifications set out in the charter;
(b) specify or set out provisions that apply in respect of the
charter city in addition to, or instead of, a provision of this
Act or any other enactment;
(c) authorize the charter city to modify or replace, by bylaw,
a provision of this Act or any other enactment, with
respect to the charter city, to the extent set out in the
charter.
(4) Before giving second reading to a proposed bylaw referred to
in subsection (3)(c), the council of the charter city must hold a
public hearing with respect to the proposed bylaw in accordance
with section 230 after giving notice of it in accordance with section
606.
(5) A charter may include provisions respecting its interpretation.
(6) A charter may generally provide for any other matter necessary
for the purposes of giving effect to this Part.
(7) Except to the extent that a charter or a bylaw made pursuant to
subsection (3)(c) provides otherwise, this Act and any other
enactment apply to the charter city.
2015 c8 s14
Charter prevails
141.6 Except to the extent that this Part provides otherwise, if
there is a conflict or inconsistency between a charter or a bylaw
made pursuant to section 141.5(3)(c) and a provision of this Act or
RSA 2000
Section 141.7 Chapter M-26
MUNICIPAL GOVERNMENT ACT
93
any other enactment, the charter or bylaw prevails to the extent of
the conflict or inconsistency.
2015 c8 s14
Retroactive operation of charter
141.7(1) A charter may provide
(a) for the retroactive application of the charter or any of its
provisions, and
(b) that the charter or any of its provisions come into force on
different dates.
(2) A charter or any of its provisions may be made retroactive to a
date no earlier than the beginning of the year immediately
preceding the calendar year in which it is made.
2015 c8 s14
No effect on status of charter city
141.8 Except to the extent that a charter provides otherwise, a
charter has no effect on the status of the charter city as a city under
this Act or any other enactment.
2015 c8 s14
Existing rights and obligations not affected
141.9(1) Except to the extent that a charter provides otherwise,
the rights and obligations of a city are not affected by the
establishment of a charter for that city.
(2) Except to the extent that a charter provides otherwise, the
rights of the Crown in right of Alberta are not affected by the
establishment of a charter.
2015 c8 s14
Part 5
Councils, Councillors and
Council Committees
Division 1
Councils and Council Committees
Councils as governing bodies
142(1) Each municipality is governed by a council.
(2) A council is a continuing body.
1994 cM-26.1 s142
RSA 2000
Section 143 Chapter M-26
MUNICIPAL GOVERNMENT ACT
94
Number of councillors for municipalities
143(1) A council consists of the number of councillors provided
for under this section, one of whom is the chief elected official, but
in no case may a council consist of fewer than 3 councillors.
(2) The council of a city or town consists of 7 councillors unless
the council passes a bylaw specifying a higher or lower odd
number.
(3) The council of a village or summer village consists of 3
councillors unless the council passes a bylaw specifying a higher
odd number.
(4) The council of a municipal district or specialized municipality
consists of the number of councillors specified in the order forming
it unless the council passes a bylaw specifying a higher or lower
odd number.
(5) The council of any other type of municipality consists of the
number of councillors provided for it by or under the enactment
establishing it.
1994 cM-26.1 s143
Bylaw changing number of councillors
144(1) A bylaw passed under section 143 must be passed at least
180 days before the general election at which it is to take effect.
(2) If a bylaw is passed less than 180 days before the next general
election, it takes effect at the 2nd general election after the date on
which it is passed.
(3) A bylaw passed under section 143 must be advertised.
1994 cM-26.1 s144
Bylaws respecting maternity and parental
leave for councillors
144.1(1) A council of a municipality may, by bylaw, having
regard to the need to balance councillors’ roles as parents with their
responsibilities as representatives of residents, establish whether
councillors are entitled to take leave prior to or after the birth or
adoption of their child.
(2) If a bylaw under subsection (1) entitles councillors to take
leave, the bylaw must contain provisions
(a) respecting the length of the leave and other terms and
conditions of the leave entitlement, and
(b) addressing how the municipality will continue to be
represented during periods of leave.
2017 c13 s1(14)
RSA 2000
Section 145 Chapter M-26
MUNICIPAL GOVERNMENT ACT
95
Bylaws — council and council committees
145 A council may pass bylaws in relation to the following:
(a) the establishment and functions of council committees and
other bodies;
(b) procedures to be followed by council, council committees
and other bodies established by the council.
RSA 2000 cM-26 s145;2015 c8 s15
Composition of council committees
146 A council committee may consist
(a) entirely of councillors,
(b) of a combination of councillors and other persons, or
(c) subject to section 154(2), entirely of persons who are not
councillors.
1994 cM-26.1 s146
Division 1.1
Codes of Conduct
Bylaws — codes of conduct
146.1(1) A council must, by bylaw, establish a code of conduct
governing the conduct of councillors.
(2) A code of conduct under subsection (1) must apply to all
councillors equally.
(3) A council may, by bylaw, establish a code of conduct
governing the conduct of members of council committees and other
bodies established by the council who are not councillors.
(4) A councillor must not be disqualified or removed from office
for a breach of the code.
(5) The Minister may make regulations
(a) respecting matters that a code of conduct established
under subsection (1) must address;
(b) respecting the date by which councils must establish a
code of conduct under subsection (1);
(c) respecting sanctions to be imposed for a breach of a code
of conduct established under subsection (1);
RSA 2000
Section 147 Chapter M-26
MUNICIPAL GOVERNMENT ACT
96
(d) respecting matters that a council must take into
consideration in establishing a code of conduct under
subsection (1) or (3), or both;
(e) respecting implementation of a code of conduct
established under subsection (1) or (3), or both;
(f) respecting any other matter the Minister considers
necessary or advisable to carry out the intent and purpose
of this Division.
2015 c8 s16
Division 2
Elections, Appointments
and Ward System
Election of councillors
147(1) Subject to Division 5, councillors other than a chief elected
official are to be elected in accordance with the Local Authorities
Election Act.
(2) The election is to be by a vote of the electors of the whole
municipality unless the municipality is divided into wards, in
which case section 148 applies.
1994 cM-26.1 s147
Division of municipality into wards
148(1) Unless otherwise provided for in a bylaw under this
section, when a municipality is divided into wards,
(a) only an elector who is resident in the ward may vote for a
councillor in that ward, and
(b) councillors are elected for each ward.
(2) A council may by bylaw
(a) divide the municipality into wards and establish their
boundaries,
(b) in the case of wards established for a municipal district or
a specialized municipality, change the number of wards
and their boundaries,
(c) give each ward established or changed a name or number,
or both,
(d) state the number of councillors to be elected for each ward
established or changed, and
RSA 2000
Section 149 Chapter M-26
MUNICIPAL GOVERNMENT ACT
97
(e) in the case of any municipality, including a municipal
district or specialized municipality, eliminate the wards.
(3) A council may by bylaw provide for councillors that
(a) are in addition to the councillors elected for each ward,
(b) are elected by a vote of the electors of the whole
municipality, and
(c) are councillors for the whole municipality, not a ward.
(4) A council may by bylaw provide that all councillors
(a) are nominated by ward,
(b) are elected by a vote of the electors of the whole
municipality, and
(c) are councillors for the whole municipality, not a ward.
(5) A council may by bylaw provide that all councillors
(a) are nominated by ward,
(b) are elected by a vote of the electors of the whole
municipality, and
(c) are councillors for the ward in which they were
nominated.
1994 cM-26.1 s148
Passing bylaw
149(1) A bylaw under section 148 must be passed at least 180
days before the general election at which it is to take effect.
(2) If a bylaw is passed less than 180 days before the next general
election, it takes effect at the 2nd general election after the date on
which it is passed.
(3) A bylaw passed under section 148 must be advertised.
1994 cM-26.1 s149
Election or appointment of chief elected official
150(1) The chief elected official of a city or town is to be elected
by a vote of the electors of the municipality unless the council
passes a bylaw
(a) requiring council to appoint the chief elected official from
among the councillors,
(b) specifying when the appointment is to start, and
RSA 2000
Section 151 Chapter M-26
MUNICIPAL GOVERNMENT ACT
98
(c) specifying the term of the appointment.
(2) The chief elected official of a village, summer village or
municipal district is to be appointed by council from among the
councillors unless the council passes a bylaw providing that the
official is to be elected by a vote of the electors of the municipality.
(3) The chief elected official of a specialized municipality is to be
elected under subsection (1) or appointed under subsection (2) as
specified in the order that forms the specialized municipality.
(4) If a chief elected official is to be elected by a vote of the
electors of the municipality, the Local Authorities Election Act
applies to the election.
1994 cM-26.1 s150
Passing bylaw
151(1) A bylaw under section 150 must be passed at least 180
days before the general election at which it is to take effect.
(2) If a bylaw is passed less than 180 days before the next general
election, it takes effect at the 2nd general election after the date on
which it is passed.
(3) A bylaw passed under section 150 must be advertised.
1994 cM-26.1 s151
Deputy and acting chief elected officials
152(1) A council must appoint one or more councillors as deputy
chief elected official so that
(a) only one councillor will hold that office at any one time,
and
(b) the office will be filled at all times.
(2) A deputy chief elected official must act as the chief elected
official
(a) when the chief elected official is unable to perform the
duties of the chief elected official, or
(b) if the office of chief elected official is vacant.
(3) A council may appoint a councillor as an acting chief elected
official to act as the chief elected official
(a) if both the chief elected official and the deputy chief
elected official are unable to perform the duties of the
chief elected official, or
RSA 2000
Section 153 Chapter M-26
MUNICIPAL GOVERNMENT ACT
99
(b) if both the office of chief elected official and the office of
deputy chief elected official are vacant.
1994 cM-26.1 s152
Division 3
Duties, Titles and Oaths of Councillors
General duties of councillors
153 Councillors have the following duties:
(a) to consider the welfare and interests of the municipality as
a whole and to bring to council’s attention anything that
would promote the welfare or interests of the
municipality;
(b) to participate generally in developing and evaluating the
policies and programs of the municipality;
(c) to participate in council meetings and council committee
meetings and meetings of other bodies to which they are
appointed by the council;
(d) to obtain information about the operation or
administration of the municipality from the chief
administrative officer or a person designated by the chief
administrative officer;
(e) to keep in confidence matters discussed in private at a
council or council committee meeting until discussed at a
meeting held in public;
(e.1) to adhere to the code of conduct established by the council
under section 146.1(1);
(f) to perform any other duty or function imposed on
councillors by this or any other enactment or by the
council.
RSA 2000 cM-26 s153;2015 c8 s17
Duty of chief administrative officer
153.1 Where the chief administrative officer or a person
designated by the chief administrative officer provides information
referred to in section 153(d) to a councillor, the information must
be provided to all other councillors as soon as is practicable.
2015 c8 s18
General duties of chief elected official
154(1) A chief elected official, in addition to performing the
duties of a councillor, must
RSA 2000
Section 155 Chapter M-26
MUNICIPAL GOVERNMENT ACT
100
(a) preside when in attendance at a council meeting unless a
bylaw provides that another councillor or other person is
to preside, and
(b) perform any other duty imposed on a chief elected official
by this or any other enactment or bylaw.
(2) The chief elected official is a member of all council
committees and all bodies to which council has the right to appoint
members under this Act, unless the council provides otherwise.
(3) Despite subsection (2), the chief elected official may be a
member of a board, commission, subdivision authority or
development authority established under Part 17 only if the chief
elected official is appointed in the chief elected official’s personal
name.
1994 cM-26.1 s154;1995 c24 s21
Titles of chief elected official and other councillors
155 A councillor is to have the title “councillor” and a chief
elected official that of “chief elected official” unless the council
directs that another title appropriate to the office be used.
1994 cM-26.1 s155
Taking of oath
156 A councillor, a chief elected official and a deputy and acting
chief elected official may not carry out any power, duty or function
until that person has taken the official oath prescribed by the Oaths
of Office Act.
1994 cM-26.1 s156
Division 4
Term of Office
Local Authorities Election Act
157 The term of office of councillors is governed by the Local
Authorities Election Act.
1994 cM-26.1 s157
Extension of term
158(1) If the first election of a newly formed municipality,
whether formed under this or another enactment, is less than 18
months before the date set by the Local Authorities Election Act for
the next general election, the Minister may order that the next
general election not take place.
(2) If the Minister makes an order under subsection (1), the terms
of the offices are to continue until immediately before the
beginning of the organizational meeting following the next general
election.
1994 cM-26.1 s158
RSA 2000
Section 159 Chapter M-26
MUNICIPAL GOVERNMENT ACT
101
Appointed chief elected officials
159(1) A chief elected official who is to be appointed under
section 150 must be appointed at each organizational meeting of
the council, unless otherwise provided by bylaw.
(2) The term of office of an appointed chief elected official starts
immediately on appointment and ends on the appointment of the
next chief elected official.
(3) The term of office of an appointed chief elected official may
not extend beyond the term of office of that person as councillor.
1994 cM-26.1 s159
Division 5
Vacancies and Quorum
Positions unfilled at general election
160(1) If at a general election persons are not elected to fill all the
offices on council, the Minister may
(a) fill the vacancies by appointing persons as councillors,
(b) if there is no quorum, order that the councillors who have
been elected constitute a quorum,
(c) if there is no quorum, order that the remaining councillors
constitute a quorum and appoint an official administrator
for the purposes of supervision under section 575, or
(d) appoint an official administrator who has all the powers
and duties of the council.
(2) Persons appointed under subsection (1)(a) hold office until the
vacancies are filled by a by-election.
(3) If council is unable to or does not within a reasonable time
hold a by-election to fill a vacancy referred to in subsection (1), the
Minister may by order direct that the chief administrative officer
conduct a by-election to fill the vacancy.
1994 cM-26.1 s160
Resignation
161(1) The resignation of a councillor must be in writing and
given to the chief administrative officer.
(2) A chief elected official appointed by council who resigns the
office of chief elected official remains on the council as a
councillor.
RSA 2000
Section 162 Chapter M-26
MUNICIPAL GOVERNMENT ACT
102
(3) The resignation is effective on the date it is received by the
chief administrative officer even if a later date is set out in the
resignation.
(4) The chief administrative officer must report the resignation at
the first council meeting after receiving the resignation.
1994 cM-26.1 s161
Vacancy in position of councillor
162 A council must hold a by-election to fill a vacancy on council
unless
(a) the vacancy occurs in the 6 months before a general
election, or
(b) the council consists of 6 or more councillors and the
vacancy occurs
(i) in the 18 months before a general election and there
is only one vacancy, or
(ii) in the 12 months before a general election and the
number of councillors remaining is at least one more
than the majority of the number of councillors
comprising the council under section 143.
1994 cM-26.1 s162
Chief elected official (elected) vacancy
163 If the chief elected official is elected by a vote of the electors
of the whole municipality and the office becomes vacant, the
vacancy must be filled
(a) if on the date the vacancy occurs there are 12 months or
more before a general election, by a by-election, or
(b) if on the date the vacancy occurs there are less than 12
months before a general election, either by a by-election
or by council appointing at the next council meeting one
or more councillors as chief elected official so that
(i) only one councillor holds that office at any one time,
and
(ii) the office is filled all the time.
1994 cM-26.1 s163
Chief elected official (appointed) vacancy
164 If, under section 150, the chief elected official is appointed
by council from among the councillors and the office becomes
vacant, council must at the next council meeting appoint one or
more councillors as chief elected official so that
RSA 2000
Section 165 Chapter M-26
MUNICIPAL GOVERNMENT ACT
103
(a) only one councillor holds that office at any one time, and
(b) the office is filled all the time.
1994 cM-26.1 s164
Election day
165 Unless a council sets an earlier date, election day for a
by-election under section 162 or 163 is 90 days after the vacancy
occurs.
1994 cM-26.1 s165
Minister orders by-election
166 If a vacancy must be filled by by-election under section 162
or 163 and a by-election is not held within 90 days after the
vacancy occurs, the Minister may by order
(a) set another date for the by-election;
(b) extend the time for filling that vacancy to the next general
election;
(c) reduce the quorum for council;
(d) direct the chief administrative officer to conduct the
by-election;
(e) take any other action the Minister considers necessary.
1994 cM-26.1 s166;1998 c24 s7
Quorum
167(1) Except as provided in this or another enactment, the
quorum of a council is
(a) the majority of all the councillors that comprise the
council under section 143, or
(b) if there is a vacancy on the council and the council is not
required to hold a by-election under section 162 or 163,
the majority of the remaining councillors that comprise
the council under section 143.
(2) For the purposes of quorum, a councillor is deemed to be
absent for a vote if, under this or any other enactment,
(a) the councillor is required to abstain from the vote, or
(b) the councillor is permitted to abstain from the vote and
does abstain.
1994 cM-26.1 s167
RSA 2000
Section 168 Chapter M-26
MUNICIPAL GOVERNMENT ACT
104
No quorum
168(1) The Minister may make an order described in subsection
(2) in the following situations:
(a) vacancies on council through resignations or
disqualifications have reduced the number of councillors
to less than a quorum;
(b) the number of councillors able to attend a council meeting
is less than a quorum;
(c) councillors are required to abstain from voting on a matter
or are permitted to abstain from voting on a matter and
have decided to abstain and the number of remaining
councillors able to vote is less than a quorum.
(2) If subsection (1) applies, the Minister may
(a) order that the remaining councillors constitute a quorum,
(b) order that the remaining councillors constitute a quorum
and appoint an official administrator for the purposes of
supervision under section 575, or
(c) appoint an official administrator who has all the powers
and duties of the council.
(3) In a situation described in subsection (1)(c), the Minister may,
as an alternative to the options in subsection (2),
(a) order that all councillors may vote on the matter if
otherwise eligible, or
(b) direct the chief administrative officer to conduct a vote of
the electors on the matter with directions respecting the
date of the vote of the electors, the question to be voted on
by the electors and procedural matters.
(4) The council must comply with the result of the vote of the
electors held under subsection (3)(b).
(5) A councillor is not disqualified for having voted on a matter
(a) in accordance with the Minister’s order under subsection
(3)(a), or
(b) for the purpose of complying with the results of a vote
conducted under subsection (3)(b).
1994 cM-26.1 s168
RSA 2000
Section 169 Chapter M-26
MUNICIPAL GOVERNMENT ACT
105
Division 6
Pecuniary Interest of Councillors
Definitions
169 In this Division,
(a) “corporation”, “director”, “distributing corporation”,
“officer”, “shareholder”, “voting rights” and “voting
shares” have the meanings given to them in the Business
Corporations Act;
(b) “councillor’s family” means the councillor’s spouse or
adult interdependent partner, the councillor’s children, the
parents of the councillor and the parents of the
councillor’s spouse or adult interdependent partner;
(c) “spouse” means the spouse of a married person but does
not include a spouse who is living separate and apart from
the person if the person and spouse have separated
pursuant to a written separation agreement or if their
support obligations and family property have been dealt
with by a court order.
RSA 2000 cM-26 s169;2002 cA-4.5 s60;2014 c8 s17
Pecuniary interest
170(1) Subject to subsection (3), a councillor has a pecuniary
interest in a matter if
(a) the matter could monetarily affect the councillor or an
employer of the councillor, or
(b) the councillor knows or should know that the matter could
monetarily affect the councillor’s family.
(2) For the purposes of subsection (1), a person is monetarily
affected by a matter if the matter monetarily affects
(a) the person directly,
(b) a corporation, other than a distributing corporation, in
which the person is a shareholder, director or officer,
(c) a distributing corporation in which the person beneficially
owns voting shares carrying at least 10% of the voting
rights attached to the voting shares of the corporation or
of which the person is a director or officer, or
(d) a partnership or firm of which the person is a member.
(3) A councillor does not have a pecuniary interest by reason only
of any interest
RSA 2000
Section 170 Chapter M-26
MUNICIPAL GOVERNMENT ACT
106
(a) that the councillor, an employer of the councillor or a
member of the councillor’s family may have as an elector,
taxpayer or utility customer of the municipality,
(b) that the councillor or a member of the councillor’s family
may have by reason of being appointed by the council as a
director of a company incorporated for the purpose of
carrying on business for and on behalf of the municipality
or by reason of being appointed as the representative of
the council on another body,
(c) that the councillor or member of the councillor’s family
may have with respect to any allowance, honorarium,
remuneration or benefit to which the councillor or
member of the councillor’s family may be entitled by
being appointed by the council to a position described in
clause (b),
(d) that the councillor may have with respect to any
allowance, honorarium, remuneration or benefit to which
the councillor may be entitled by being a councillor,
(e) that the councillor or a member of the councillor’s family
may have by being employed by the Government of
Canada, the Government of Alberta or a federal or
provincial Crown corporation or agency, except with
respect to a matter directly affecting the department,
corporation or agency of which the councillor or family
member is an employee,
(f) that a member of the councillor’s family may have by
having an employer, other than the municipality, that is
monetarily affected by a decision of the municipality,
(g) that the councillor or a member of the councillor’s family
may have by being a member or director of a non-profit
organization as defined in section 241(f) or a service club,
(h) that the councillor or member of the councillor’s family
may have
(i) by being appointed as the volunteer chief or other
volunteer officer of a fire or ambulance service or
emergency measures organization or other volunteer
organization or service, or
(ii) by reason of remuneration received as a volunteer
member of any of those voluntary organizations or
services,
RSA 2000
Section 171 Chapter M-26
MUNICIPAL GOVERNMENT ACT
107
(i) of the councillor, an employer of the councillor or a
member of the councillor’s family that is held in common
with the majority of electors of the municipality or, if the
matter affects only part of the municipality, with the
majority of electors in that part,
(j) that is so remote or insignificant that it cannot reasonably
be regarded as likely to influence the councillor, or
(k) that a councillor may have by discussing or voting on a
bylaw that applies to businesses or business activities
when the councillor, an employer of the councillor or a
member of the councillor’s family has an interest in a
business, unless the only business affected by the bylaw is
the business of the councillor, employer of the councillor
or the councillor’s family.
(4) Subsection (3)(g) and (h) do not apply to a councillor who is
an employee of an organization, club or service referred to in those
clauses.
1994 cM-26.1 s170;1995 c24 s22;1996 c30 s9
Bylaw requiring statement of disclosure
171 A council may by bylaw
(a) require that each councillor file with a designated officer a
statement of the name or names of
(i) the councillor’s family,
(ii) the employers of the councillor,
(iii) each corporation, other than a distributing
corporation, in which the councillor is a shareholder,
director or officer,
(iv) each distributing corporation in which the councillor
beneficially owns voting shares carrying at least 10%
of the voting rights attached to the voting shares of
the corporation or of which the councillor is a
director or officer, and
(v) each partnership or firm of which the councillor is a
member,
and
(b) require the designated officer to compile a list of all the
names reported on the statements filed with the officer
and give a copy of the list to the employees of the
municipality indicated in the bylaw.
1994 cM-26.1 s171;1996 c30 s10
RSA 2000
Section 172 Chapter M-26
MUNICIPAL GOVERNMENT ACT
108
Disclosure of pecuniary interest
172(1) When a councillor has a pecuniary interest in a matter
before the council, a council committee or any other body to which
the councillor is appointed as a representative of the council, the
councillor must, if present,
(a) disclose the general nature of the pecuniary interest prior
to any discussion of the matter,
(b) abstain from voting on any question relating to the matter,
(c) subject to subsection (3), abstain from any discussion of
the matter, and
(d) subject to subsections (2) and (3), leave the room in which
the meeting is being held until discussion and voting on
the matter are concluded.
(2) If the matter with respect to which the councillor has a
pecuniary interest is the payment of an account for which funds
have previously been committed, it is not necessary for the
councillor to leave the room.
(3) If the matter with respect to which the councillor has a
pecuniary interest is a question on which, under this Act or another
enactment, the councillor as a taxpayer, an elector or an owner has
a right to be heard by the council,
(a) it is not necessary for the councillor to leave the room,
and
(b) the councillor may exercise a right to be heard in the same
manner as a person who is not a councillor.
(4) If a councillor is temporarily absent from a meeting when a
matter in which the councillor has a pecuniary interest arises, the
councillor must immediately on returning to the meeting, or as
soon as the councillor becomes aware that the matter has been
considered, disclose the general nature of the councillor’s interest
in the matter.
(5) The abstention of a councillor under subsection (1) and the
disclosure of a councillor’s interest under subsection (1) or (4)
must be recorded in the minutes of the meeting.
(6) If a councillor has disclosed a pecuniary interest at a council
committee meeting and council considers a report of the committee
in respect of which the councillor disclosed a pecuniary interest,
the councillor must disclose the pecuniary interest at the council
meeting and subsection (1) applies to the councillor.
1994 cM-26.1 s172
RSA 2000
Section 173 Chapter M-26
MUNICIPAL GOVERNMENT ACT
109
Effect of pecuniary interest on agreements
173 No agreement with a municipality under which a councillor
of the municipality has a pecuniary interest is binding on the
municipality unless
(a) the agreement is for work in an emergency,
(b) the agreement is
(i) for the sale of goods, or
(ii) for the provision of services to the municipality or to
persons contracting with the municipality
at competitive prices by a dealer in those goods or
services that is incidental to or in the ordinary course of
the business,
(c) the proposed agreement is approved by council before the
agreement is signed by the municipality, or
(d) the agreement was entered into before the term of the
councillor started.
1994 cM-26.1 s173;1996 c30 s11
Division 7
Disqualification of Councillors
Reasons for disqualification
174(1) A councillor is disqualified from council if
(a) when the councillor was nominated, the councillor was
not eligible for nomination as a candidate under the Local
Authorities Election Act;
(b) the councillor ceases to be eligible for nomination as a
candidate under the Local Authorities Election Act;
(b.1) the councillor
(i) fails to file a disclosure statement as required under
section 147.4 of the Local Authorities Election Act
before the end of the late filing period provided
under section 147.7 of the Local Authorities Election
Act, and
(ii) has not been relieved from the obligation to file a
disclosure statement by a court order under section
147.8 of the Local Authorities Election Act;
RSA 2000
Section 174 Chapter M-26
MUNICIPAL GOVERNMENT ACT
110
(c) the councillor becomes a judge of a court or a member of
the Senate or House of Commons of Canada or of the
Legislative Assembly of Alberta;
(d) the councillor is absent from all regular council meetings
held during any period of 8 consecutive weeks, starting
with the date that the first meeting is missed, unless
subsection (2) applies;
(e) the councillor is convicted
(i) of an offence punishable by imprisonment for 5 or
more years, or
(ii) of an offence under section 123, 124 or 125 of the
Criminal Code (Canada);
(f) the councillor does not vote on a matter at a council
meeting at which the councillor is present, unless the
councillor is required or is permitted to abstain from
voting under this or any other enactment;
(g) the councillor contravenes section 172;
(h) the councillor has a pecuniary interest in an agreement
that is not binding on the municipality under section 173;
(i) the councillor uses information obtained through being on
council to gain a pecuniary benefit in respect of any
matter;
(j) the councillor becomes an employee of the municipality;
(k) the councillor is liable to the municipality under section
249.
(2) A councillor is not disqualified by being absent from regular
council meetings under subsection (1)(d) if
(a) the absence is authorized by a resolution of council passed
at any time
(i) before the end of the last regular meeting of the
council in the 8-week period, or
(ii) if there is no other regular meeting of the council
during the 8-week period, before the end of the next
regular meeting of the council,
or
RSA 2000
Section 175 Chapter M-26
MUNICIPAL GOVERNMENT ACT
111
(b) the absence is in accordance with a bylaw under section
144.1.
(3) For the purposes of this section, a councillor is not considered
to be absent from a council meeting if the councillor is absent on
council business at the direction of council.
(4) A councillor who is disqualified under this section is eligible to
be elected at the next general election in the municipality if the
person is eligible for nomination under the Local Authorities
Election Act.
RSA 2000 cM-26 s174;2009 c10 s3.1;2010 c9 s2;2017 c13 s1(15)
Division 8
Enforcement of Disqualification
Resignation on disqualification
175(1) A councillor that is disqualified must resign immediately.
(2) If a councillor does not resign immediately,
(a) the council may apply to a judge of the Court of Queen’s
Bench for
(i) an order determining whether the person was never
qualified to be or has ceased to be qualified to remain
a councillor, or
(ii) an order declaring the person to be disqualified from
council,
or
(b) an elector who
(i) files an affidavit showing reasonable grounds for
believing that a person never was or has ceased to be
qualified as a councillor, and
(ii) pays into court the sum of $500 as security for costs,
may apply to a judge of the Court of Queen’s Bench for
an order declaring the person to be disqualified from
council.
(3) An application under this section may only be made within 3
years from the date the disqualification is alleged to have occurred.
(4) An application under this section may be started or continued
whether or not an election has been held between the time the
disqualification is alleged to have occurred and the time the
RSA 2000
Section 176 Chapter M-26
MUNICIPAL GOVERNMENT ACT
112
application is or was commenced and whether or not the person in
respect of whom the application is being brought
(a) resigns before or after the election,
(b) was re-elected in the election,
(c) was not re-elected or did not run in the election, or
(d) has completed a term of office.
RSA 2000 cM-26 s175;2009 c53 s119
Decision on disqualification application
176(1) After hearing an application under this Division and any
evidence, either oral or by affidavit, that is required, the judge may
(a) declare the person to be disqualified and a position on
council to be vacant,
(b) declare the person able to remain a councillor, or
(c) dismiss the application.
(2) If a judge declares a person disqualified because information
obtained through being on council was used to gain a pecuniary
benefit, the judge may order the person to pay to the municipality a
sum of damages determined by the Court.
1994 cM-26.1 s176
Inadvertence or genuine error
177 A judge who hears an application under this Division and
finds that the person is disqualified under section 174(1)(f), (h) or
(i) may still dismiss the application if the judge is of the opinion
that the disqualification arose inadvertently or by reason of a
genuine error in judgment.
1994 cM-26.1 s177
Appeal
178(1) The decision of a judge under this Division may be
appealed to the Court of Appeal.
(2) A person who is declared disqualified under this Division and
appeals that declaration remains disqualified until the appeal is
finally determined.
(3) If, on the final determination of the appeal, the disqualification
is set aside,
(a) the Court must reinstate the person as a councillor for any
unexpired portion of the term of office for which the
person was elected and require any person who has been
RSA 2000
Section 179 Chapter M-26
MUNICIPAL GOVERNMENT ACT
113
elected to fill the balance of that term to vacate the office,
and
(b) the Court may order that any money paid to the
municipality under section 176(2) be repaid.
(4) If, on the final disposition of the appeal, the disqualification is
set aside but the term of office for which the person was elected has
expired, the person must not be reinstated but is eligible to be
elected at the next election in the municipality if otherwise
qualified.
1994 cM-26.1 s178
Reimbursement of costs and expenses
179 The council may reimburse the person in respect of whom an
application under this Division was made for any costs and
expenses that the council considers reasonable, other than costs that
have already been awarded to the person by the judge, if
(a) the application is dismissed, or
(b) an order is issued declaring the person able to remain a
councillor.
1994 cM-26.1 s179
Division 9
Council Proceedings
Requirements for Valid Action
Methods in which council may act
180(1) A council may act only by resolution or bylaw.
(2) Where a council or municipality is required or authorized
under this or any other enactment or bylaw to do something by
bylaw, it may only be done by bylaw.
(3) Where a council is required or authorized under this or any
other enactment or bylaw to do something by resolution or to do
something without specifying that it be done by bylaw or
resolution, it may be done by bylaw or resolution.
1994 cM-26.1 s180
Requirements for valid bylaw or resolution
181(1) A bylaw or resolution of council is not valid unless passed
at a council meeting held in public at which there is a quorum
present.
(2) A resolution of a council committee is not valid unless passed
at a meeting of that committee held in public at which there is a
quorum present.
1994 cM-26.1 s181
RSA 2000
Section 182 Chapter M-26
MUNICIPAL GOVERNMENT ACT
114
Voting
Restriction to one vote per person
182 A councillor has one vote each time a vote is held at a
council meeting at which the councillor is present.
1994 cM-26.1 s182
Requirement to vote and abstentions
183(1) A councillor attending a council meeting must vote on a
matter put to a vote at the meeting unless the councillor is required
or permitted to abstain from voting under this or any other
enactment.
(2) The council must ensure that each abstention and the reasons
for the abstention are recorded in the minutes of the meeting.
1994 cM-26.1 s183
Abstention from voting on matter discussed at public hearing
184 When a public hearing on a proposed bylaw or resolution is
held, a councillor
(a) must abstain from voting on the bylaw or resolution if the
councillor was absent from all of the public hearing, and
(b) may abstain from voting on the bylaw or resolution if the
councillor was only absent from a part of the public
hearing.
1994 cM-26.1 s184
Recording of votes
185(1) Before a vote is taken by council, a councillor may request
that the vote be recorded.
(2) When a vote is recorded, the minutes must show the names of
the councillors present and whether each councillor voted for or
against the proposal or abstained.
1994 cM-26.1 s185
Secret ballot
185.1(1) Despite sections 185 and 197, at a meeting at which a
council
(a) establishes a council committee or other body under
section 145, or
(b) appoints a chief elected official under section 150,
a secret ballot must be held if requested by any councillor present
at the meeting.
RSA 2000
Section 186 Chapter M-26
MUNICIPAL GOVERNMENT ACT
115
(2) A vote by secret ballot under subsection (1) must be confirmed
by a resolution of council.
1998 c24 s8
Tied vote
186 If there is an equal number of votes for and against a
resolution or bylaw, the resolution or bylaw is defeated.
1994 cM-26.1 s186
Passing a Bylaw
Bylaw readings
187(1) Every proposed bylaw must have 3 distinct and separate
readings.
(2) Each councillor present at the meeting at which first reading is
to take place must be given or have had the opportunity to review
the full text of the proposed bylaw before the bylaw receives first
reading.
(3) Each councillor present at the meeting at which third reading is
to take place must, before the proposed bylaw receives third
reading, be given or have had the opportunity to review the full text
of the proposed bylaw and of any amendments that were passed
after first reading.
(4) A proposed bylaw must not have more than 2 readings at a
council meeting unless the councillors present unanimously agree
to consider third reading.
(5) Only the title or identifying number has to be read at each
reading of the bylaw.
1994 cM-26.1 s187
Rescission of previous bylaw readings
188 The previous readings of a proposed bylaw are rescinded if
the proposed bylaw
(a) does not receive third reading within 2 years after first
reading, or
(b) is defeated on second or third reading.
1994 cM-26.1 s188
Passing of bylaw
189 A bylaw is passed when it receives third reading and it is
signed in accordance with section 213.
1994 cM-26.1 s189
RSA 2000
Section 190 Chapter M-26
MUNICIPAL GOVERNMENT ACT
116
Coming into force
190(1) A bylaw comes into force at the beginning of the day that
it is passed unless otherwise provided in this or any other
enactment or in the bylaw.
(2) If this or any other enactment requires a bylaw to be approved,
the bylaw does not come into force until the approval is given.
(3) No bylaw may come into force on a day before it is passed
unless the enactment authorizing the passing of the bylaw
specifically allows for the bylaw to come into force on a day before
it is passed.
1994 cM-26.1 s190
Amendment and repeal
191(1) The power to pass a bylaw under this or any other
enactment includes a power to amend or repeal the bylaw.
(2) The amendment or repeal must be made in the same way as the
original bylaw and is subject to the same consents or conditions or
advertising requirements that apply to the passing of the original
bylaw, unless this or any other enactment provides otherwise.
(3) Subsection (2) does not apply to a revision or repeal under
section 63.
RSA 2000 cM-26 s191;2017 c13 s1(16)
Meetings
Organizational meetings
192(1) Except in a summer village, a council must hold an
organizational meeting annually not later than 2 weeks after the 3rd
Monday in October.
(2) The council of a summer village must hold an organizational
meeting annually not later than August 31.
1994 cM-26.1 s192
Regular council meetings
193(1) A council may decide at a council meeting at which all the
councillors are present to hold regularly scheduled council
meetings on specified dates, times and places.
(2) Notice of regularly scheduled meetings need not be given.
(3) If council changes the date, time or place of a regularly
scheduled meeting, the municipality must give at least 24 hours’
notice of the change
(a) to any councillors not present at the meeting at which the
change was made, and
RSA 2000
Section 194 Chapter M-26
MUNICIPAL GOVERNMENT ACT
117
(b) to the public.
1994 cM-26.1 s193
Special council meetings
194(1) The chief elected official
(a) may call a special council meeting whenever the official
considers it appropriate to do so, and
(b) must call a special council meeting if the official receives
a written request for the meeting, stating its purpose, from
a majority of the councillors.
(2) A special council meeting called under subsection (1)(b) must
be held within 14 days after the date that the chief elected official
receives the request or any shorter period provided for by bylaw.
(3) The chief elected official calls a special council meeting by
giving at least 24 hours’ notice in writing to each councillor and the
public stating the purpose of the meeting and the date, time and
place at which it is to be held.
(4) A special council meeting may be held with less than 24 hours’
notice to all councillors and without notice to the public if at least
2/3 of the whole council agrees to this in writing before the
beginning of the meeting.
(5) No matter other than that stated in the notice calling the special
council meeting may be transacted at the meeting unless the whole
council is present at the meeting and the council agrees to deal with
the matter in question.
1994 cM-26.1 s194
Council committee meetings
195 The municipality must give at least 24 hours’ notice of a
council committee meeting
(a) to the members of the council committee, and
(b) to the public.
1994 cM-26.1 s195
Method of giving notice
196(1) Notice of a council or council committee meeting is
deemed to have been given to a councillor or member of a council
committee if the notice is delivered to an adult person at the
councillor’s or member’s home or place of business.
(2) Notice of a council or council committee meeting to the public
is sufficient if the notice is given in a manner specified by council.
1994 cM-26.1 s196
RSA 2000
Section 197 Chapter M-26
MUNICIPAL GOVERNMENT ACT
118
Public presence at meetings
197(1) Councils and council committees must conduct their
meetings in public unless subsection (2), (2.01) or (2.1) applies.
(2) Councils and council committees may close all or part of their
meetings to the public if a matter to be discussed is within one of
the exceptions to disclosure in Division 2 of Part 1 of the Freedom
of Information and Protection of Privacy Act.
(2.01) Councils and council committees may close all or part of
their meetings to the public if a matter to be discussed is of a class
prescribed or otherwise described in the regulations under
subsection (7).
(2.1) A municipal planning commission, subdivision authority,
development authority or subdivision and development appeal
board established under Part 17 may deliberate and make its
decisions in meetings closed to the public.
(3) When a meeting is closed to the public, no resolution or bylaw
may be passed at the meeting, except a resolution to revert to a
meeting of a council or council committee held in public.
(4) Before closing all or any part of a meeting to the public, a
council or council committee must by resolution approve
(a) the part of the meeting that is to be closed, and
(b) the basis on which, under an exception to disclosure in
Division 2 of Part 1 of the Freedom of Information and
Protection of Privacy Act or under the regulations under
subsection (7), the part of the meeting is to be closed.
(5) After the closed meeting discussions are completed, any
members of the public who are present outside the meeting room
must be notified that the rest of the meeting is now open to the
public, and a reasonable amount of time must be given for those
members of the public to return to the meeting before it continues.
(6) Where a council or council committee closes all or part of a
meeting to the public, the council or council committee may allow
one or more other persons to attend, as it considers appropriate, and
the minutes of the meeting must record the names of those persons
and the reasons for allowing them to attend.
(7) The Minister may make regulations prescribing or otherwise
describing classes of matters for the purposes of subsection (2.01).
RSA 2000 cM-26 s197;2015 c8 s19
RSA 2000
Section 198 Chapter M-26
MUNICIPAL GOVERNMENT ACT
119
Right of public to be present
198 Everyone has a right to be present at council meetings and
council committee meetings conducted in public unless the person
chairing the meeting expels a person for improper conduct.
1994 cM-26.1 s198
Meeting through electronic communications
199(1) A council meeting or council committee meeting may be
conducted by means of electronic or other communication facilities
if
(a) notice is given to the public of the meeting, including the
way in which it is to be conducted,
(b) the facilities enable the public to watch or listen to the
meeting at a place specified in that notice and a
designated officer is in attendance at that place, and
(c) the facilities enable all the meeting’s participants to watch
or hear each other.
(2) Councillors participating in a meeting held by means of a
communication facility are deemed to be present at the meeting.
1994 cM-26.1 s199
Power to require taking of oath
200 A council or council committee may require a person
appearing before it or making any claim or submission to it to do so
under oath.
1994 cM-26.1 s200
Part 6
Municipal Organization
and Administration
Council’s principal role in municipal organization
201(1) A council is responsible for
(a) developing and evaluating the policies and programs of
the municipality;
(b) repealed 2015 c8 s20;
(c) carrying out the powers, duties and functions expressly
given to it under this or any other enactment.
(2) A council must not exercise a power or function or perform a
duty that is by this or another enactment or bylaw specifically
assigned to the chief administrative officer or a designated officer.
RSA 2000 cM-26 s201;2015 c8 s20
RSA 2000
Section 201.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
120
Orientation training
201.1(1) A municipality must, in accordance with the regulations,
offer orientation training to each councillor, to be held within 90
days after the councillor takes the oath of office.
(2) The following topics must be addressed in orientation training
required under subsection (1):
(a) role of municipalities in Alberta;
(b) municipal organization and functions;
(c) key municipal plans, policies and projects;
(d) roles and responsibilities of council and councillors;
(e) the municipality’s code of conduct;
(f) roles and responsibilities of the chief administrative
officer and staff;
(g) budgeting and financial administration;
(h) public participation;
(i) any other topic prescribed by the regulations.
(3) The Minister may make regulations respecting orientation
training, including, without limitation, regulations
(a) respecting the delivery of orientation training;
(b) prescribing topics to be addressed in orientation training.
2016 c24 s16
Exercise of certain powers and duties
202(1) Where
(a) this or any other enactment or bylaw requires or
authorizes a municipality to do something, but does not
specify who in the municipality may do it, or
(b) the municipality wishes to exercise its natural person
powers,
the thing may be done or the natural person powers may be
exercised by council or by the chief administrative officer, unless
council specifies otherwise.
(2) Only a council may pass bylaws.
1994 cM-26.1 s202
RSA 2000
Section 203 Chapter M-26
MUNICIPAL GOVERNMENT ACT
121
Delegation by council
203(1) A council may by bylaw delegate any of its powers, duties
or functions under this or any other enactment or a bylaw to a
council committee, the chief administrative officer or a designated
officer, unless this or any other enactment or bylaw provides
otherwise.
(2) A council may not delegate
(a) its power or duty to pass bylaws,
(b) its power to make, suspend or revoke the appointment of a
person to the position of chief administrative officer,
(c) its power to adopt budgets under Part 8,
(d) its power with respect to taxes under section 347, and
(e) a duty to decide appeals imposed on it by this or another
enactment or bylaw, whether generally or on a case by
case basis, unless the delegation is to a council committee
and authorized by bylaw.
(3) The council when delegating a matter to a council committee,
the chief administrative officer or a designated officer may
authorize the committee or officer to further delegate the matter.
1994 cM-26.1 s203
Municipal office
204 A council must name a place as its municipal office.
1994 cM-26.1 s204
Establishment of chief administrative officer
205(1) Every council must establish by bylaw a position of chief
administrative officer.
(2) Every council must appoint one or more persons to carry out
the powers, duties and functions of the position of chief
administrative officer.
(3) If more than one person is appointed, the council must by
bylaw determine how the powers, duties and functions of the
position of chief administrative officer are to be carried out.
(4) Council may give the position of chief administrative officer
any title the council considers appropriate.
RSA 2000
Section 205.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
122
(5) Council must ensure that the chief administrative officer
appropriately performs the duties and functions and exercises the
powers assigned to the chief administrative officer by this or any
other enactment or by council.
RSA 2000 cM-26 s205;2015 c8 s21
Performance evaluation
205.1 A council must provide the chief administrative officer
with an annual written performance evaluation of the results the
chief administrative officer has achieved with respect to fulfilling
the chief administrative officer’s responsibilities under section 207.
1998 c24 s9
Appointment, suspension and revocation
206(1) The appointment of a person to the position of chief
administrative officer may be made, suspended or revoked only if
the majority of the whole council vote to do so.
(2) The appointment of a person to the position of chief
administrative officer may not be revoked or suspended unless the
council notifies the officer, in accordance with subsection (3), that
it is proposing to revoke or suspend the appointment and provides
the officer with its reasons.
(3) The notification and reasons must be in writing and be served
personally on the officer or sent by regular mail to the last known
address of the officer.
(4) If requested by the officer, council must give the officer or the
officer’s representative a reasonable opportunity to be heard before
council.
(5) A chief administrative officer whose appointment is revoked
without cause is, subject to any written agreement between council
and the officer, entitled to reasonable notice or to compensation
instead of reasonable notice.
(6) A chief administrative officer whose appointment is revoked
with cause is, subject to any written agreement between council
and the officer, not entitled to reasonable notice or to compensation
instead of reasonable notice.
1994 cM-26.1 s206;1995 c24 s24
Chief administrative officers responsibilities
207 The chief administrative officer
(a) is the administrative head of the municipality;
(b) ensures that the policies and programs of the municipality
are implemented;
RSA 2000
Section 208 Chapter M-26
MUNICIPAL GOVERNMENT ACT
123
(c) advises and informs the council on the operation and
affairs of the municipality;
(d) performs the duties and functions and exercises the
powers assigned to a chief administrative officer by this
and other enactments or assigned by council.
1994 cM-26.1 s207
Performance of major administrative duties
208(1) The chief administrative officer must ensure that
(a) minutes of each council meeting
(i) are recorded in the English language without note or
comment,
(ii) include the names of the councillors present at the
council meeting,
(iii) are given to council for adoption at a subsequent
council meeting, and
(iv) are recorded in the manner and to the extent required
under section 230(6) when a public hearing is held;
(b) all bylaws, minutes of council meetings and other records
and documents of the municipality are kept safe;
(c) the Minister is sent a list of all the councillors and any
other information the Minister requires within 5 days after
the term of the councillors begins;
(d) the council is advised in writing of its legislative
responsibilities under this Act.
(2) Subsection (1) applies to the chief administrative officer in
respect of council committees that are carrying out the powers,
duties and functions delegated to them by the council.
RSA 2000 cM-26 s208;2015 c8 s22
Delegation by chief administrative officer
209 A chief administrative officer may delegate any of the chief
administrative officer’s powers, duties or functions under this Act,
including the chief administrative officer’s duties referred to in
section 208(1), or under any other enactment or bylaw to a
designated officer or an employee of the municipality.
RSA 2000 cM-26 s209;2015 c8 s23
RSA 2000
Section 210 Chapter M-26
MUNICIPAL GOVERNMENT ACT
124
Designated officers
210(1) A council may by bylaw establish one or more positions to
carry out the powers, duties and functions of a designated officer
under this or any other enactment or bylaw.
(2) Council may give a position established under subsection (1)
any title the council considers appropriate.
(3) The bylaw must include which of the powers, duties and
functions referred to in subsection (1) are to be exercised by each
position.
(4) Unless otherwise provided by bylaw, all designated officers are
subject to the supervision of and accountable to the chief
administrative officer.
(5) A chief administrative officer may exercise all of the powers,
duties and functions of a designated officer under this or any other
enactment or bylaw if
(a) no position of designated officer has been established by
council,
(b) the position of designated officer is vacant, or
(c) this or any other enactment or bylaw refers to a designated
officer and the power, duty, function or other thing
relating to the designated officer has not been assigned to
any designated officer by council.
1994 cM-26.1 s210
Revocation
211(1) A municipality may revoke with or without cause the
appointment of a person to the position of a designated officer.
(2) A designated officer whose appointment is revoked without
cause is, subject to any written agreement between the municipality
and the officer, entitled to reasonable notice or to compensation
instead of reasonable notice.
(3) A designated officer whose appointment is revoked with cause
is, subject to any written agreement between the municipality and
the officer, not entitled to reasonable notice or to compensation
instead of reasonable notice.
1994 cM-26.1 s211;1995 c24 s25
Delegation by designated officer
212 A designated officer may delegate any of the officer’s
powers, duties or functions under this or any other enactment or
bylaw to an employee of the municipality.
1994 cM-26.1 s212
RSA 2000
Section 212.1 Chapter M-26
MUNICIPAL GOVERNMENT ACT
125
Fidelity bond
212.1(1) Starting with the 1998 financial year, the council of each
municipality must annually obtain a fidelity bond, or equivalent
insurance, in an amount the council considers appropriate.
(2) The fidelity bond or equivalent insurance must cover
(a) the chief administrative officer of the municipality,
(b) the designated officers of the municipality, and
(c) other employees of the municipality
while carrying out duties relating to any money or security
belonging to or held by the municipality.
1997 c19 s3
Signing or authorization of municipal documents
213(1) Minutes of council meetings must be signed by
(a) the person presiding at the meeting, and
(b) a designated officer.
(2) When council has delegated a power, duty or function to a
council committee, the minutes of a council committee meeting
that deal with the power, duty or function must be signed by
(a) the person presiding at the meeting, and
(b) a designated officer.
(3) Bylaws must be signed by
(a) the chief elected official, and
(b) a designated officer.
(4) Agreements and cheques and other negotiable instruments
must be signed or authorized
(a) by the chief elected official or by another person
authorized by council to sign them, and
(b) by a designated officer,
or by a designated officer acting alone if so authorized by council.
(5) A signature may be printed, lithographed or otherwise
reproduced if so authorized by council.
1994 cM-26.1 s213
RSA 2000
Section 214 Chapter M-26
MUNICIPAL GOVERNMENT ACT
126
Destruction of records
214(1) A council may authorize the destruction of the original
bylaws and minutes of council meetings if the originals have been
recorded on microfiche or on another system that will enable
copies of the originals to be made.
(2) A council may pass a bylaw respecting the destruction of other
records and documents of the municipality.
(3) A bylaw under subsection (2) must provide that if an
individual’s personal information will be used by the municipality
to make a decision that directly affects the individual, the
municipality must retain the personal information for at least one
year after using it so that the individual has a reasonable
opportunity to obtain access to it.
1994 cM-26.1 s214
Prohibition of certain agreements with employees
215(1) An agreement made on or after January 1, 1995 between a
municipality and an employee of a municipality in which the
municipality is to provide a service or commodity to the employee
is void.
(2) This section does not apply to an agreement
(a) in which the municipality provides a service or
commodity that the municipality supplies to the public
generally, or
(b) respecting the employee’s employment.
1994 cM-26.1 s215
Part 7
Public Participation
216 Repealed 1994 cM-26.1 s738.
Public participation policy
216.1(1) Every council of a municipality must establish a public
participation policy for the municipality.
(2) A council may amend its public participation policy from time
to time.
(3) The Minister may make regulations
(a) respecting the contents of public participation policies;
(b) respecting the considerations to be taken into account by a
council in establishing its public participation policy;
RSA 2000
Section 217 Chapter M-26
MUNICIPAL GOVERNMENT ACT
127
(c) setting a date by which every municipality must have its
first public participation policy in place;
(d) respecting requirements for a council to review its public
participation policy periodically and consider whether any
amendments should be made;
(e) respecting requirements to make publicly available a
public participation policy and any amendments made to
it.
(4) Nothing in a public participation policy established under this
section affects any right or obligation that a municipal authority or
any person has under any other provision of this Act.
(5) No resolution or bylaw of a council may be challenged on the
ground that it was made without complying with a public
participation policy established by a resolution of the council.
2015 c8 s24
What information must a municipality provide
217(1), (2) Repealed 1994 cM-26.1 s738.
(3) Despite Division 2 of Part 1 of the Freedom of Information and
Protection of Privacy Act, the chief administrative officer must
provide information on the salaries of councillors, the chief
administrative officer and designated officers of the municipality.
(4), (5) Repealed 1994 cM-26.1 s738.
1994 cM-26.1 ss217,738
218 Repealed 1994 cM-26.1 s738.
Petitions
Rules for petitions
219 Sections 220 to 226 apply to all petitions to a council and the
Minister under this Act, any other enactment or bylaw except to the
extent that they are modified by this Act or any other enactment or,
in respect of petitions to a council, by a bylaw under section 226.1.
RSA 2000 cM-26 s219;2015 c8 s25
CAO duties
220 When the Minister receives a petition, the Minister must
designate a person to carry out the duties of a chief administrative
officer with respect to the petition.
1994 cM-26.1 s220
RSA 2000
Section 221 Chapter M-26
MUNICIPAL GOVERNMENT ACT
128
Petition sufficiency requirements
221 A petition is sufficient if it meets the requirements of sections
222 to 226 or, where those requirements are modified by bylaw
under section 226.1, if it meets the requirements as modified.
RSA 2000 cM-26 s221;2015 c8 s26
Who can petition
222 Unless otherwise provided in this or any other enactment,
only electors of a municipality are eligible to be petitioners.
1994 cM-26.1 s222
Number of petitioners
223(1) A petition must be signed by the required number of
petitioners.
(2) If requirements for the minimum number of petitioners are not
set out under other provisions of this or any other enactment then,
to be sufficient, the petition must be signed,
(a) in the case of a municipality other than a summer village,
by electors of the municipality equal in number to at least
10% of the population, and
(b) in the case of a summer village, by a number of the
electors of the summer village equal to at least 20% of the
number of summer village residences in the summer
village.
RSA 2000 cM-26 s223;2016 c24 s17
Other requirements for a petition
224(1) A petition must consist of one or more pages, each of
which must contain an identical statement of the purpose of the
petition.
(2) The petition must include, for each petitioner,
(a) the printed surname and printed given names or initials of
the petitioner,
(b) the petitioner’s signature,
(c) the street address of the petitioner or the legal description
of the land on which the petitioner lives,
(c.1) the petitioner’s telephone number or e-mail address, if
any, and
(d) the date on which the petitioner signs the petition.
(3) Each signature must be witnessed by an adult person who must
RSA 2000
Section 225 Chapter M-26
MUNICIPAL GOVERNMENT ACT
129
(a) sign opposite the signature of the petitioner, and
(b) take an affidavit that to the best of the person’s knowledge
the signatures witnessed are those of persons entitled to
sign the petition.
(3.1) The petition must have attached to it the affidavits referred to
in subsection (3).
(4) The petition must have attached to it a signed statement of a
person stating that
(a) the person is the representative of the petitioners, and
(b) the municipality may direct any inquiries about the
petition to the representative.
RSA 2000 cM-26 s224;2015 c8 s27;2017 c13 s1(17)
Counting petitioners
225(1) A petition must be filed with the chief administrative
officer and the chief administrative officer is responsible for
determining if the petition is sufficient.
(2) No name may be added to or removed from a petition after it
has been filed with the chief administrative officer.
(3) In counting the number of petitioners on a petition there must
be excluded the name of a person
(a) whose signature is not witnessed,
(a.1) whose signature is witnessed but for which no affidavit is
attached to the petition,
(b) whose signature appears on a page of the petition that
does not have the same purpose statement that is
contained on all the other pages of the petition,
(c) whose printed name is not included or is incorrect,
(d) whose street address or legal description of land is not
included or is incorrect,
(e) if the date when the person signed the petition is not
stated,
(f) when a petition is restricted to certain persons,
(i) who is not one of those persons, or
(ii) whose qualification as one of those persons is not, or
is incorrectly, described or set out,
RSA 2000
Section 226 Chapter M-26
MUNICIPAL GOVERNMENT ACT
130
or
(g) who signed the petition more than 60 days before the date
on which the petition was filed with the chief
administrative officer, unless a bylaw under section
226.1(1)(e) provides otherwise.
(4) If 5000 or more petitioners are necessary to make a petition
sufficient, a chief administrative officer may use a random
statistical sampling method with a 95% confidence level to
determine the sufficiency of the petition, instead of counting and
checking each petitioner.
RSA 2000 cM-26 s225;2015 c8 s28;2017 c13 s1(18)
Report on sufficiency of petition
226(1) Within 45 days after the date on which a petition is filed,
the chief administrative officer must make a declaration to the
council or the Minister on whether the petition is sufficient or
insufficient.
(2) Repealed 1995 c24 s26.
(3) If a petition is not sufficient, the council or the Minister is not
required to take any notice of it.
RSA 2000 cM-26 s226;2015 c8 s29
Bylaws modifying petition requirements
226.1(1) Despite sections 219 to 226 and 233(2), a council of a
municipality may by bylaw do any or all of the following:
(a) reduce the percentage required under section 223(2)(a) or
(b), whichever is applicable, for petitions to the council;
(b) allow petitioners to remove their names from petitions to
the council by filing a statutory declaration with the chief
administrative officer no later than 14 days after the
petition is filed with the chief administrative officer;
(c) provide for petitions to the council to be signed
electronically and modify the requirements in sections
224(2) and (3) and 225(3) to the extent the council
considers necessary or appropriate for that purpose;
(d) provide for petitions to the council to be filed with the
chief administrative officer electronically;
(e) extend the time provided in section 233(2) for filing
petitions to the council with the chief administrative
officer.
RSA 2000
Section 226.2 Chapter M-26
MUNICIPAL GOVERNMENT ACT
131
(2) A bylaw made or proposed to be made under subsection (1)(a)
cannot be the subject of a petition.
(3) A bylaw made under this section must not take effect earlier
than 90 days after it is passed.
2015 c8 s30
Protection of personal information in petitions
226.2(1) Despite any provision of this Act, the Freedom of
Information and Protection of Privacy Act or any other enactment,
personal information contained in a petition
(a) must not be disclosed to anyone except the chief
administrative officer and the chief administrative
officer’s delegates, if any, and
(b) must not be used for any purpose other than validating the
petition.
(2) Minimal disclosure that occurs inadvertently in the course of
collecting signatures to the petition is not a breach of subsection
(1).
(3) Every page of a petition must contain a statement that the
personal information contained in the petition
(a) will not be disclosed to anyone except the chief
administrative officer and the chief administrative
officer’s delegates, if any, and
(b) will not be used for any purpose other than validating the
petition.
2015 c8 s30
Meetings with the Public
Advertising
227 If council calls a meeting with the public, notice of it must be
advertised and everyone is entitled to attend it.
1994 cM-26.1 s227
Improper conduct
228 The person chairing a meeting with the public may expel a
person from the meeting for improper conduct.
1994 cM-26.1 s228
Petition for meeting
229 If a council receives a sufficient petition requesting that
council call a meeting with the public, the council must call a
meeting with the public to discuss the matters stated in the petition
RSA 2000
Section 230 Chapter M-26
MUNICIPAL GOVERNMENT ACT
132
and the meeting must be held no later than 30 days after the chief
administrative officer declares the petition to be sufficient.
1994 cM-26.1 s229;1995 c24 s27
Public Hearings
When to hold public hearing
230(1) When this or another enactment requires council to hold a
public hearing on a proposed bylaw or resolution, the public
hearing must be held, unless another enactment specifies otherwise,
(a) before second reading of the bylaw, or
(b) before council votes on the resolution.
(2) When this or another enactment requires a public hearing to be
held on a proposed bylaw or resolution, council must
(a) give notice of the public hearing in accordance with
section 606, and
(b) conduct the public hearing during a regular or special
council meeting.
(3) A council may by bylaw establish procedures for public
hearings.
(4) In the public hearing, council
(a) must hear any person, group of persons, or person
representing them, who claims to be affected by the
proposed bylaw or resolution and who has complied with
the procedures outlined by the council, and
(b) may hear any other person who wishes to make
representations and whom the council agrees to hear.
(5) After considering the representations made to it about a
proposed bylaw or resolution at the public hearing and after
considering any other matter it co